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(영문) 대전지방법원 2019.11.05 2018가단202139
분양대행보증금 반환 등
Text

1. Defendant B Co., Ltd.: 165 million won for the Plaintiff and 15% per annum from January 30, 2019 to May 31, 2019.

Reasons

1. Basic facts

A. Defendant C Co., Ltd (hereinafter “Defendant C”) was implementing the construction project of the main complex building with the third underground and nine floors above the ground surface on the Daejeon-dong, Daejeon-gu, and two lots of land (hereinafter “instant building”).

B. On July 4, 2016, the Defendants entered into a contract on the construction business management of the instant building (hereinafter “PM”). The Defendants, as an intermediary of Defendant B Co., Ltd. (hereinafter “Defendant B”), was granted a loan of KRW 10 billion from a financial institution for the said construction business.

During the loan process, Defendant C entered into a trust agreement on the disposition of real estate management on the instant building with E Co., Ltd.

C. After that, on November 29, 2016, the Defendants concluded a contract with Defendant C to acquire the instant building project right from Defendant C (hereinafter “instant underwriting contract”). As to the instant underwriting contract, Defendant C, upon request, issued and issued a preferential beneficiary certificate (hereinafter “instant beneficiary certificate”) equivalent to KRW 2.6 billion in the name of Defendant B (hereinafter “instant underwriting contract”).

On the other hand, on December 22, 2016, the Plaintiff and Defendant B entered into a sales agency contract with regard to the instant building under the premise that Defendant B’s acquisition of the instant construction project right is completed (hereinafter “instant sales agency contract”) with regard to the sales unit security deposit amounting to KRW 250 million on the instant building (hereinafter “instant sales agency contract”).

E. The Plaintiff paid KRW 100 million, including Defendant B, KRW 50 million on December 27, 2016, and KRW 50 million on January 23, 2017, as the instant sales agency deposit.

E. However, as Defendant B’s acquisition of the instant building business right according to the instant underwriting agreement is difficult, the instant sales agency contract also becomes difficult to maintain it, Defendant B paid to the Plaintiff on May 12, 2017.

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