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(영문) 서울중앙지방법원 2014.05.28 2013가합65210
분양대금반환 등
Text

1. The Defendant’s KRW 1,389,531,80 among the Plaintiff and KRW 490,834,880 among them, shall be from March 23, 2009 to May 28, 2014.

Reasons

1. Circumstances leading to the dispute of this case;

A. The execution company of the management-type land trust contract (hereinafter “instant executor”) concluded a land trust agreement with the Defendant on July 24, 2008, and entrusted the Defendant with the new construction and sale of the instant resort (hereinafter “instant trust agreement”) on June 26, 2009 by concluding a management-type land trust agreement (hereinafter “instant trust agreement”).

B. On March 4, 2009, the Plaintiff entered into the instant sales contract and paid the sales price. 1) The Sambu Co., Ltd., Ltd., the contractor of the instant building construction works (hereinafter “Thobu case”).

(2) On March 23, 2009, the Plaintiff agreed to receive part of the instant city events and the subcontract price to be paid by the Plaintiff as payment in lieu of payment in kind, among the instant Rite construction works.

In other words, with respect to the method by which the Plaintiff receives the subcontract price from Sambu case, if the Plaintiff deposits part of the down payment and intermediate payment of the object of the Rite sale into the Defendant’s account, the executor of the instant case, as set out in the following sub-paragraph (3) and (4), issued a sales contract with the Plaintiff to purchase the object of the Rite sale from the Defendant, and then agreed that the instant executor shall deposit the remainder of the sales payment and the balance amount of the object of sale to be paid by the Plaintiff to the Defendant among the construction payments to be paid to the Plaintiff upon completion of construction

(hereinafter referred to as the “water repayment agreement”). According to the above agreement 3, the Plaintiff’s 3rd 901, 302 901, 302 901, 901, among the containers of the instant resort.

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