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(영문) 서울서부지방법원 2016.06.30 2015가합2089
매매대금반환
Text

The Defendants jointly share KRW 115,00,000 to the Plaintiff, as well as Defendant C from March 5, 2015; and Defendant B from March 5, 2015.

Reasons

1. Facts below the basis of facts do not conflict between the parties, or may be acknowledged upon full consideration of the purport of the entire pleadings in Gap evidence Nos. 1, 4, 5 and Eul evidence No. 1.

The Defendants are married couple, and Defendant B is the owner of multi-household housing constructed on the Incheon Strengthening-gun, E, F, G, H, I, J, K, K, L, M, N, andO’s ground between around 2013 to 2014. Defendant C is the person in charge of the first construction site and the joint business place of Defendant B, who is the contractor of the above multi-household housing.

B. The Defendants agreed to borrow KRW 80,000,000 from the Plaintiff to raise the construction cost of the above multi-household housing. On June 14, 2013, the Defendants written a sales contract with the Plaintiff on the same “housing sales contract” and the same main contents as the “sales contract” (Evidence A, No. 1, No. B, No. 1). The main contents are as follows:

(hereinafter referred to as “instant contract”) a contract for the sale of housing.

1. The seller and the buyer enter into a sales contract for the following housing units:

2. Location: The location of 302, 402, and 402 of the Incheon Metropolitan City-gun, Incheon Metropolitan City, and 11 parcels;

3. Terms and Conditions of Contract (Purpose): In selling two households of the above multi-household housing, the seller and the buyer will pay the sales amount as follows:

The purchase price: The sum of the two households of heading 302, 402, 120,000,000,000 won in total, and the sum of the two households of heading 302,00,000,000,000 won in lump sum: the payment of the down payment and the balance shall be made in lump sum in the amount of sale0,00,000. Article 1 of the Special Agreement provides that two households shall be sold in a clean condition without any defect in the bank loans and housing as set forth above.

Article 3:Project Owner B, D Co., Ltd., prior to completion, shall become aware of the transfer of ownership after completion, and shall pay KRW 45 days after completion of construction to the owner of the building for KRW 115,000,000 ( KRW 115,00,000) with money for the first sale of rent and housing, and for bank loans.

Article 4:In case A is fully paid KRW 115,000,000 for one hundred million (Woo 115,000,000).

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