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(영문) 서울중앙지방법원 2014.10.17 2013가합76531
분양대금반환 등
Text

1. As to the Defendant Sejong Trade Co., Ltd., the amount of KRW 240,770,554 and KRW 31,63,468 among them, from April 27, 2007.

Reasons

1. Circumstances leading to the dispute of this case;

A. The parties’ status 1) The Defendant Saln Investment Co., Ltd. (hereinafter “Defendant Saln Investment”) is the “Defendant Saln Investment.”

) The term “instant officetels” means the 4th underground and the Ctel of the 17th ground in Ansan-si and the 17th ground (hereinafter “instant officetels”).

(2) The Defendant Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust Co., Ltd.”) changed the name on March 29, 2004 from “Korea Asset Trust Co., Ltd.” to “Korea Asset Trust Co., Ltd.”; hereinafter “Defendant Korea Asset Trust”) to “Korea Asset Trust Co., Ltd.”. is a trustee who has entered into each real estate security trust contract, etc. with Defendant Snish Investment Co., Ltd. (hereinafter “Defendant Green Trade”) as a company with the purpose of being entrusted with real estate and its related business.

3) Defendant Sejong Trade is the company that purchased 45 units of the instant officetel during the following public sale procedures. 4) The Plaintiff is the buyer who purchased the instant officetel No. 506 (hereinafter “instant real estate”).

B. On April 27, 2007, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant Screamn Investment (hereinafter “instant sales contract”) with Screamn Investment and the Plaintiff to sell the instant real estate at KRW 316,334,680 (hereinafter “instant sales contract”).

In concluding a contract deposit, KRW 31,63,468 was determined to pay KRW 189,80,800,808 in total on the date of the contract, and KRW 94,900,404 in total on each designated date, and KRW 189,80,80. However, according to the instant contract for sale and purchase, the Plaintiff shall pay the intermediate payment and remainder to the account in the name of the Defendant’s asset trust (Article 1 subparag. 3 of the instant contract for sale and purchase, and Article 1 subparag. 3 of the intermediate payment in the event the Plaintiff selected an interest-free loan from the intermediate payment, and the interest accrued from the first day from the date of designation of occupancy to the date of the first day of the designation of occupancy shall be borne by the Defendant Sn

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