(영문) 창원지방법원 2019.11.14 2018나62130

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(영문) 창원지방법원 2019.11.14 2018나62130

중도금대출대납금등 반환

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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a trust agreement on the sale of an apartment in lots with the company E (hereinafter “E”) that proceeds from the construction project of the apartment building D at the Sysiwon-si, and the company E (hereinafter “E”).

B. The Plaintiff advertised that the sale rate of the said D apartment was low (as of November 30, 2016, about 53%), and that the said D apartment was sold to 30 persons on the first-come first-served order, who purchased the said D apartment. In fact, the Plaintiff paid the amount equivalent to the above value of the automobile as sales pro rata instead of increasing the number of the buyers at their option.

C. On February 26, 2017, the Defendant entered into a supply contract with E and the aforementioned D Apartment F (hereinafter “instant supply contract”).

The main contents of the above supply contract are as follows:

(1) The buyer shall pay the payment rate of the intermediate payment in arrears directly to the person who has applied for the payment of the intermediate payment and the designated account of the intermediate payment as of March 20, 2017, respectively, within one month after the contract was entered into at least 84A Type’s supply amount of KRW 271,80,000 (10%) and the intermediate payment (60%) of KRW 271,80,000 (17,180,000) of KRW 17,180,000 from March 20, 2017, respectively, within one month after the contract was entered into at the time of the second or sixth payment schedule contract.

(2) The contractual household under the terms and conditions of installment payments after the payment of interest on part payments shall apply for a loan of part payments to a lending institution designated by Party A, and where the amount of loan application is less than the total amount of other financial institutions or part payments, Party B shall pay the advance payment, and the overdue interest accrued due to the failure to pay the advance payment shall be borne

(6) Eul shall bear all the documents and expenses necessary for part payments loans, and financial institutions shall bear such expenses.

유사 판례

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