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(영문) 서울중앙지방법원 2015.11.13 2014가합563100
분양대금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) Defendant L&Wn Co., Ltd. (hereinafter “Wnbnb”)

Defendant Asia Trust Co., Ltd. (hereinafter referred to as “ Asia Trust”) as a trustor.

2) As trustee, Dong Building Industry Co., Ltd. (hereinafter referred to as “Dong Building Industry”).

(D) On December 18, 2009, Yongsan-gu Seoul Metropolitan Government, etc. (hereinafter referred to as the “instant building”) as a contractor, a “D main apartment” (hereinafter referred to as the “instant building”).

2) The Defendants and the ASEAN Construction Industry, together with the Defendant, concluded a new management-type land trust agreement for the sale of new and outstanding land (hereinafter “Defendant implementer”).

(2) The following are the following: (a) approval of the project plan concerning the construction of the instant building;

Enforcement location: Construction size of 13,851.10 square meters (13,527.10 square meters, donated facilities 4,824.00 square meters) in Yongsan-gu Seoul and other 87 lots of land: 38 square meters underground, residential Dong/Dong/Dong, 160,848.187 square meters in total area: 59 households and ancillary welfare facilities, business facilities, sales facilities, sports facilities, and sports facilities.

B. On December 29, 2010, the Plaintiff entered into a sales contract with Defendant Asian Trust to sell 103 Dong-dong 1401 (hereinafter “instant apartment”) among the instant building at KRW 1.23,65 million (hereinafter “instant sales contract”) and paid KRW 61,825,000 for the down payment to Defendant Asian Trust on the same day.

The defendant T&D was a truster, and the Dong Construction Industry signed and sealed the sales contract of this case as a contractor.

The main contents of the instant sales contract are as follows.

[D apartment supply contract] The area of a building with the indication of property: 169.096, 123.673, 123.673 exclusively for residential use, and shares in residential land for public use 45,423: at the end of October, 2013 (it can be changed according to the process, and if changed, it can be changed by the individual notification method later): Article 1 (Amount and Method of Payment) [unit: 1,000 won].

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