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(영문) 대구지방법원 2013.08.13 2012가합12027
분양대금반환
Text

1. Defendant A and B, respectively, KRW 413,655,00, and KRW 659,151,500, and Plaintiff C.

Reasons

1. Basic facts

A. The plaintiffs as the parties, etc. are several buyers who purchased the commercial buildings in the K apartment complex in Daegu Suwon-gu J (hereinafter "K apartment"), and the non-party Korea Asset Trust Co., Ltd. (hereinafter "Korea Asset Trust") is the seller of the commercial buildings in this case, and the defendant Mean L&C Co., Ltd. (hereinafter "Defendant Mean L&C") is the implementer of the above K apartment construction and sale of the new commercial buildings in this case and the truster who entered into a trust agreement with the Korean Asset Trust and the commercial buildings in this case, and the defendant KSD Co., Ltd. (hereinafter "Defendant Mean D&C") is the contractor of the above K apartment construction and the truster who entered into a trust agreement with the Korean Asset Trust and the commercial building in this case.

B. 1) The Plaintiffs are entitled to enter into each of the instant sales contracts (hereinafter referred to as the “attached sheet”).

(3) The term “sale contract date” in the “sale contract date” refers to the sale contract for each of the instant stores listed in the separate sheet between the seller and the seller’s property trust, Defendant SK Construction, and the seller’s sales contract for each of the instant stores (hereinafter “instant sales contract”).

The details of each sales contract by Plaintiff are as shown in the corresponding part of the attached Table. After that, the Plaintiffs paid in full all the amount indicated in the “sale price” column in the attached Table (the date of payment for the Plaintiff’s final sale price is November 30, 2010).

) In the attached table, the Plaintiff F, G, H, and I acquired the ownership of each of the 1/4 shares of the stores listed in the attached table (However, with respect to each of the 1/2 shares in the instant commercial buildings, Plaintiff A, the co-owners of the 406, and 407 among the instant commercial buildings, Plaintiff F, G, H, and I acquired the ownership of each of 1/4 shares of the instant commercial buildings.

(2) Of the key contents of each of the instant sales contracts, the parts relating to the instant case are as follows.

The indication of the object of sale - the scheduled date of sale by reference to each "contractor" in the attached Table 1 sale contract: the change is later made in accordance with the process around October 2010.

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