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(영문) 광주지방법원 2019.01.17 2018가합51619
분양대금반환
Text

1. The defendant,

A. 65,400,000 won to Plaintiff A and 6% per annum from December 26, 2017 to January 17, 2019.

Reasons

Basic Facts

1) On March 19, 2016, Plaintiff A and the Defendant sold to Sejong Special Self-Governing City D (D) where the Defendant and the Defendant sell (hereinafter “instant commercial building”).

(E) No. 1 floor E (hereinafter “E”)

36,000,000 won for sales contract (hereinafter “E-sale contract”)

(2) On October 31, 2016, Nonparty F, the wife of Plaintiff B, concluded a sales contract with the Defendant for the first floor G of the instant commercial building (hereinafter referred to as “Gho Lake commercial building,” and collectively referred to as “each of the instant commercial buildings,” hereinafter referred to as “Gho commercial buildings”) with the Defendant for the sales price of KRW 454,00,000 (hereinafter referred to as “each of the instant commercial buildings”), and the sales contract for the Eho commercial buildings and the Gho commercial buildings.

3) On November 2, 2016, Plaintiff B succeeded to the status of FG G sales contract by acquiring the right of sale from F. The Defendant agreed to the above sales contract between Plaintiff B and F. On the same day. Plaintiff A entered into a contract for part payments with HF, which is a lending institution designated by the Defendant, pursuant to the sales contract No. 5 on May 4, 2016, and Plaintiff B paid the first through 5 intermediate payments to the Defendant on 0. 10, 30, 40, 40, 30, 406, 40, 30, 406, 40, 406, 40, 40, 306, 40, 406, 40, 306, 40, 40, 164, 16, 16, 16, 304, 16, 406, 16, 16, 14, 166, 4, 20

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