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(영문) 인천지방법원 2019.05.31 2018가합53183
분양대금반환 등
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. Defendant B Co., Ltd. shall be the Plaintiff 508,994.

Reasons

1. Facts of recognition;

A. The parties’ relationship 1) Defendant B Co., Ltd. (hereinafter “Defendant Company”)

(A) On February 6, 2015, as a company aimed at real estate development business, the hotel building (the underground first floor and the ground eightth floor; hereinafter “instant building”) to be newly constructed on the D ground of Seopopo-si, Seopo-si, Seopo-si City Mayor on February 6, 2015.

A building permit for the same day shall be granted, a certificate of commencement report for the same year shall be granted, and

3. 10. Certificates of confirmation of sale are received respectively; and

The Defendant Company sold each unit of the instant building to the buyer including the Plaintiff.

2) Defendant C Co., Ltd. (hereinafter “Defendant bank”).

around March 2015, Defendant Company, Si Corporation, etc. (hereinafter “Defendant Company, etc.”)

(B) In relation to the sale in units of the instant building and each subparagraph of the instant building, an intermediate payment loan agreement was concluded with the Defendant Company, etc. on April 15, 2015, with the content that the Defendant Company, etc. jointly and severally guaranteed the obligation to repay the principal and interest of the intermediate payment to the Defendant Bank. (b) The Plaintiff, such as the conclusion of a supply contract and a lease management entrustment agreement, etc., concluded the instant building E, F, and G (hereinafter “each of the instant units”).

(3) Each supply contract shall be rescinded on September 30, 2016, with the terms and conditions that each supply price of KRW 186,390,000 (the scheduled date of completion: the scheduled date of completion; the scheduled date of occupancy may be changed according to the process; the accurate date of occupancy may be later notified); and each contract for supply and for lease management shall be concluded with the Defendant Company on the same day, respectively; and the Defendant Company paid KRW 55,917,000 (each KRW 18,639,00 x 3 x 3 x 1) in total on the same day. The main contents of each supply contract may be rescinded on the following grounds:

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