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(영문) 서울서부지방법원 2019.01.17 2018가합30719
매매대금반환
Text

1. The plaintiff's respective claims against the primary defendant and the conjunctive defendant are all dismissed.

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

Reasons

Basic Facts

The primary defendant is the company established on March 12, 1984 for the purpose of the housing construction business, etc., and the "D" is the head of the main defendant's business team.

Preliminary defendant is a maintenance and improvement project association established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to remove buildings in the project implementation district and build new buildings on the site, improve the urban and residential environment, and contribute to the improvement of residential stability and the quality of residential life

In relation to the urban environment rearrangement project in Guang-si, C (hereinafter “instant project”), the conjunctive defendant is the executor, and the primary defendant is the contractor.

Preliminary Defendant awarded a contract to the primary Defendant for the construction work of “Yang-si E commercial building” (hereinafter “instant commercial building”), and the store located therein (hereinafter “instant commercial store”).

On November 24, 2015, the preliminary defendant, such as the report of sale in lots by the preliminary defendant and the announcement of the first recruitment, filed a sale report on the commercial building of this case with the king Mayor on November 24, 2015, and on November 26, 2015, the king Mayor accepted the sale report and issued a certificate of confirmation to the preliminary defendant.

On November 27, 2015, the conjunctive Defendant publicly announced the invitation of occupants to the commercial buildings of this case to the F press.

(1) According to the first recruitment public notice, “The subscription date is November 27, 2015,” the winning date is November 28, 2015, the contract date is November 30, 2015, and the contract date is November 30, 2015,” and the supply content of subparagraph (Ga) among the stores of this case is “the exclusive use area of 390.62 square meters (18.16 square meters), contract area is 7,56,046,00 won (31.71 square meters), supply amount is “the exclusive use area of 390.62 square meters (16 square meters), and contract area is 1053.8 square meters (31.71 square meters), supply amount is 7,56,000 won.”

Since the first recruitment announcement of this case, the sales contract for this commercial store was not concluded in accordance with the above recruitment announcement.

The primary defendant is the store of this case around November 2015.

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