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(영문) 서울중앙지방법원 2018.06.19 2016나69224
매매대금반환
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiffs' claims against the above revocation portion are all made.

Reasons

1. The fact of recognition: (a) around November 2010, the Defendant, on behalf of an international trust company, combines the four-story H zone into one (H-01, H-002, and H-03) among three (H-03) buildings located in Eunpyeong-gu Seoul (hereinafter “instant commercial building”); and (b) divide the four-story zone into 15 (H-04 through H-01) sales facilities; (c) filed an application for alteration of the entire oil portion of the collective building registry into one (H-04 through H-018; and (d) the four-story zone was merged into one (H-04 through H-018; and (e) the registration for the purpose of divided ownership with respect to each of the divided parts was completed; and (e) the section of exclusive ownership after the division in H zone is indicated in the attached Form.

The Plaintiffs and the Defendant concluded a sales contract with each of the instant stores listed on the fourth floor of the instant commercial building (hereinafter collectively referred to as “each of the instant stores”) as indicated on the table “sale price” as indicated below (hereinafter collectively referred to as “each of the instant sales contracts”) on each of the following dates. The Plaintiffs and the Defendant concluded a sales contract to purchase each of the instant stores listed on the table “sale price” (hereinafter collectively referred to as “each of the instant sales contracts”), and completed the registration of ownership transfer for the relevant stores on each of the corresponding dates indicated on the table “registration date of transfer” as indicated on the table below. At that time, Plaintiff A paid KRW 61,312,400, and Plaintiff B paid KRW 59,540,612 to the Defendant, respectively.

Plaintiff

Subject matter (the area of exclusive ownership) (including value-added tax) contract date, H-07 of H-07 (3.421 square meters) of A 4th M-07 of the date of the registration of transfer of the purchase price actually paid after the discount of the purchase price (3.421 square meters), 61,312,40 won 61,312,400 won H-09 (3.421 square meters) of B 4th of March 22, 2011, 201, 68,739,000 won 59,540,612 won on March 22, 2011, each of the stores of this case is located at the 4th of the commercial building of this case where the plaintiffs purchase the actual condition of each of the stores of this case, and the only width of which is linked to the said stores is 90cm.

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