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(영문) 서울중앙지방법원 2015.11.13 2014가합557310
분양대금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) Defendant L&Wn Co., Ltd. (hereinafter “Wnbnb”)

Defendant Asia Trust Co., Ltd. (hereinafter referred to as “ Asia Trust”) as a trustor.

2) As trustee, Dong Building Industry Co., Ltd. (hereinafter referred to as “Dong Building Industry”).

(A) On December 18, 2009, Yongsan-gu Seoul Metropolitan Government, etc. (hereinafter referred to as the “instant building”) as a contractor.

2) The Defendants and the ASEAN Construction Industry, together with the Defendant, concluded a new management-type land trust agreement for the sale of new and outstanding land (hereinafter “Defendant implementer”).

(2) The following are the following: (a) approval of the project plan concerning the construction of the instant building;

Enforcement location: Construction size of 13,851.10 square meters (13,527.10 square meters, donated facilities 4,824.00 square meters) in Yongsan-gu Seoul and other 87 lots of land: 38 square meters underground, residential Dong/Dong/Dong, 160,848.187 square meters in total area: 59 households and ancillary welfare facilities, business facilities, sales facilities, sports facilities, and sports facilities.

B. On November 23, 2010, the Plaintiff entered into a sales contract with Defendant Asian Trust to purchase the housing unit of KRW 101 Dong 1903 (hereinafter “instant apartment”) out of the instant building at KRW 749,50,000 (hereinafter “instant sales contract”) and paid the down payment of KRW 37,475,00 to Defendant Asian Trust on the same day.

Defendant L&C as a consignee, and Dong Construction Industry signed and sealed the sales contract of this case as a contractor.

(2) The main contents of the instant sales contract are as follows. The main contents of the instant sales contract are as follows.

【D apartment supply contract 】 The area of a building with the indication of the property: Article 1 of the supply area 116.23, 84.976 exclusively for residential use, and the share of housing site for each household 31.257 for residential use: the end of October 2013 (it can be changed according to the process, and if changed, it can be changed by the individual notification height later).

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