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(영문) 수원지방법원 2018.08.22 2018가합13632
분양대금반환청구
Text

1. As to the Plaintiff KRW 31,728,872 and KRW 120,00,00 among them, the Defendant shall pay to the Plaintiff KRW 22,169,516.

Reasons

1. Basic facts

A. On April 8, 2017, the Plaintiff entered into a sales contract with the Defendant, and the D Commercial Building (hereinafter “instant commercial building”) constructed by the Defendant on the ground C at Sungsung City (hereinafter “instant commercial building”).

Of the sales proceeds, the sales contract was concluded to sell the first floor E in 602,135,630 won, and the fifth floor F in 345,661,150 won, among the sales proceeds (hereinafter “instant sales contract”).

A) Specific methods for the sale price and payment are as follows. Upon entering into the instant sales contract with the Plaintiff, the Plaintiff and the Defendant additionally prepared “special agreement” with the following contents: (i) the sum of the remainder of the down payment of the object (the intermediate payment) (the cost) E E 68,150,828 (the sum of the remainder of the down payment of the object (the cost) and KRW 391,388,160 602,135,630 22,169,516 120,427,126 F and 51,849,17269,17269,132,230,230 224,679,748,645,661,1502:

(hereinafter referred to as the “instant special agreement”). The Gyeonggi-do Real Estate marked with the special agreement C E ( pharmacy monopoly) and F ( hospital) shall be marked.

1. Transfer referred to in subparagraph 1 may be made after a hospital occupant is determined;

2.In the event that, after this contract, another purchaser moves to the factory room of the third or fourth floor before the hospital admission referred to in F, the contract referred to in F will be entered into with the third or fourth floor before the hospital admission referred to in F, and the sale price shall be subject to the ratio of the original sale price.

3. To actively cooperate with sellers for attracting the greatest number of hospitals;

4.The contract shall be terminated, without any condition, within six (6) months after the date of the contract, if the contract does not meet the requirements for the sale of the hospital.

5. The down payment shall be 120 million won (including five million won in advance) on April 8, 2017, and the difference shall be 22,169,516 won in advance until May 12, 2017.

A) On April 8, 2017, the contract date of the instant sales contract (i.e., KRW 51,849,172), pursuant to the terms and conditions of the instant sales contract, the Plaintiff KRW 120,00,000 (i.e., the instant sales contract (i., KRW 68,150,828,82) (i.e., the instant sales contract; 22,169,516, May 12, 2017, KRW 189,59,356 (i.e., the intermediate payment of KRW 120,427,126) against the instant sales contract; and (ii) KRW 189,59,356, Jun. 8, 2017 (i.e., the instant sales contract)

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