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(영문) 서울중앙지방법원 2020.10.13 2019가단5152992
분양대금반환
Text

1. The Plaintiff:

A. As to Defendant B Co., Ltd, 121,608,000 won and its KRW 101,340,000 among them, from June 7, 2017.

Reasons

1. Basic facts

A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor who newly constructed and sold the instant building D business facilities and neighborhood living facilities (hereinafter “instant building”), and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a trustee who entered into a management-type land trust agreement with Defendant C with regard to the instant building.

B. The Defendants, at the time of the initial construction permit, intended to modify the design by dividing the instant building E, which was designed as one of the units as described below, into the units F (S) and G (S) of the instant building as indicated below, according to the proposal of the sales agency.

However, around May 2017, the Plaintiff requested the Defendants to change the design by changing the walls between F and G to F to move the walls between F and H to F, in the course of negotiating the conclusion of the sales contract for the said F with the aim of operating the real estate brokerage office. In response to the above request, the Defendants changed the design as set forth below (3).

C. Since June 7, 2017, the Plaintiff is the seller and the trustee, and the Defendant C is the truster and the beneficiary.

(3) The following contents (only the part related to the instant case) have been entered into: (a) the sales contract for the instant building F (hereinafter “instant sales contract”) with the design of which was modified as indicated in the drawing (hereinafter “instant stores”) was to purchase KRW 506,683,000.

Article 1 (Methods of Supply and Payment) 50,670,000 intermediate payment first (10%) contract on July 21, 2017 at the time of payment of the gold-sum down payment (10%) 50,670,000 intermediate payment first (10%) on July 21, 2017 (10%) 3 (10%) April 21, 2018. 50,670,000 (10%) 4 (10%) (10%) on September 21, 2018. 50,670,005 (10%) on September 21, 2018; 50,670,0005 (10%) on January 21, 2019; 202,630,6300 (40%) on a deposit designated by the Plaintiff as the Plaintiff’s account as the Plaintiff’s first (3) (2).

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