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(영문) 서울중앙지방법원 2019.06.27 2018가합576111
매매대금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s position 1) On the ground of Seogpo-si, Seopo-si, Jeju Special Self-Governing Province, the 1st,474.7m2, FJ 379.5m2, the 1st underground floor, the 7th floor above ground, and the accommodation and neighborhood living facilities (hereinafter “instant hotel”).

2) A new business (hereinafter referred to as “new business of the hotel in this case”)

(2) In relation to the instant hotel construction project, the Plaintiffs are those who entered into a sales contract with G, the executor of the instant hotel construction project, and the instant hotel.

B. Around 2016, the Defendant entered into the instant agency contract with G, H Co., Ltd. (hereinafter “H”), the contractor of the instant hotel construction project (hereinafter “H”), I Co., Ltd. (hereinafter “I”), and J Co., Ltd. (hereinafter “J”) (hereinafter “instant agency contract”), and the content of the instant case is as follows.

Article 18 (Management of Sales Contracts, etc.) (4) To receive sales proceeds only from the defendant's "sales proceeds management account", and to clearly indicate the "sales proceeds management account" and to clarify the scope of the affairs following the protection of the purchaser and the receipt of the purchase proceeds by the defendant, the following provisions shall be specified:

2. The defendant is responsible only for the fund management of proceeds from sale in lots and is not liable as a seller.

5. The Defendant and H do not bear any responsibility for the refund due to the buyer’s earlier termination and the raising of the insufficient project cost.

Article 22 (Method of Executing Funds) (1) When intending to withdraw funds from the sale receipt management account or the fund management account, G shall obtain the consent of H, I and J and request the Defendant in writing.

(including service invoices, tax invoices, and other evidentiary documents). (2) G shall be related to the execution of funds.

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