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(영문) 서울남부지방법원 2018.05.01 2017가합111063
매매대금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. 1) C reconstruction and consolidation project association (hereinafter “instant association”) in the course of concluding a contract for the sale of the Plaintiff and the Defendant

(D) and D Co., Ltd. (hereinafter referred to as “D”).

) On April 28, 2008, the instant association provided six parcels, including Gangseo-gu Seoul Metropolitan Government E, owned by the instant association, and DF apartment (hereinafter “F”).

After the new construction, 22 households were offered to the instant association. The remaining 14 households entered into a contract for the construction work with the content that they will be sold in general and appropriated for the construction cost and project expenses. 2) The Defendant entered into a contract for the construction work for F-related main households (hereinafter “instant construction work”) with the instant association and D, which are joint project undertakers of F-Newly-built construction, on April 15, 2009, as payment for the instant construction work cost, as payment for the instant construction work cost, with the instant association and D, which are the joint project undertakers of F-built construction, for G-ho (hereinafter “instant apartment”). The sales contract was concluded on April 15, 2009 as payment for the instant construction cost, 283,500,000 won in total and the intermediate payment and the intermediate payment of KRW 183,50,000 in total,00 in total, in lieu of payment for the instant construction cost.

3) On February 3, 2010, the Plaintiff entered into a sales contract with D on the instant apartment. Of the sales price of KRW 295,000,000, the first down payment of KRW 5,000 on the date of the contract, and the second contract amount of KRW 30,000 on February 6, 2010, the intermediate payment of KRW 115,000,000 on March 6, 2010, the remainder payment of KRW 115,000 on March 6, 2010 was to be paid at the time of transfer of ownership. (4) Meanwhile, the Defendant agreed to sell the instant apartment to D (Evidence 3, 200, hereinafter referred to as the “instant consent”).

5 D drafted each receipt that the Plaintiff received KRW 5,00,000 from the Plaintiff on February 3, 2010, KRW 30,000,000 on February 6, 2010, and KRW 115,00,000 on March 6, 2010, and KRW 15,000 on March 6, 2010. The instant written consent received KRW 150,00,000 among KRW 150,000,000, and KRW 140,000.

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