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(영문) 수원지방법원평택지원 2020.12.17 2019가합12291
분양대금반환 등
Text

Defendant H Co., Ltd. and Defendant I jointly correspond to each of the “recognized amount” in the attached Table 2 attached hereto to the Plaintiffs.

Reasons

1. Basic facts

A. Defendant I entered into a management-based land trust agreement with Defendant H and carried out the business of newly constructing and selling “L-type accommodation facilities” on the ground of Pyeongtaek-si K (hereinafter “instant building”).

B. On April 10, 2017, Defendant I, Defendant H, and M Co., Ltd., the contractor of the instant building (hereinafter “M”) commenced the sale advertisement by obtaining a construction permit on the instant building, and distributing the Kabrogs, etc.

C. The Plaintiffs entered into a sales contract for each of the instant units (hereinafter “instant units sales contract”) with Defendant H, Defendant I, and M, the contractor of the instant building, on each of the units listed in the table “heading room” column under the instant building (hereinafter “each of the units”).

Plaintiff

Where there is an entry of the date and time of the contract in the certificate No. 5-1 to No. 8 of the contract date of the heading room, it shall be as stated, and if not, it shall be deemed that the Defendants did not dispute.

On January 15, 2018, No. 118,814,700 each of the heading rooms of this case, 11,814,700 each of the first through fifth units of the part payments of each of the heading units of this case, 47,258,00 BO units of this case, July 28, 2017, No. 14555, Aug. 3, 2017, No. 5555, May 4, 2017, No. 14755, May 17, 2017

The main contents of each sales contract of this case are as follows.

The indication of an object: The exclusive area of a building (water size) located in Pyeongtaek-si K for the exclusive use of the area of a building (water size) 21.96 square meters located in Pyeongtaek-si may be changed if the share of the above site is changed according to the results of the actual survey at the time of completion of construction and the relevant Acts and subordinate statutes, and the relevant area of each of the above construction facilities may be changed due to a change in the conditions of approval for the implementation of the project or a change in the process of the project, etc.

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