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(영문) 서울중앙지방법원 2017.07.14 2016가합574937
분양대금 반환 등 청구의 소
Text

1. The Defendant (Counterclaim Plaintiff) International Asset Trust Co., Ltd. shall be KRW 61,746,318 and the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. Defendant International Asset Trust Co., Ltd. (hereinafter “Defendant IBD”) is a truster who has entered into a management-type land trust contract with Defendant IBD Co., Ltd. (hereinafter “Defendant IBD”) regarding the sale business of “D Hotel” (hereinafter “instant hotel”), and the Defendant IBD is a truster who has entered into the instant hotel hotel and is a trustee under the said trust contract.

Meanwhile, the Plaintiffs concluded a sales contract for some guest rooms among the instant hotels with Defendant International Asset Trust.

B. On February 2, 2015, Plaintiff A and Defendant International Asset Trust concluded a sales contract with KRW 154,358,00 with respect to the sales price for the instant hotel 730 on the same day. Nonparty E, the spouse of the said Plaintiff, concluded a sales contract with the said Defendant on the same day, setting the sales price of KRW 156,078,00 with respect to the above hotel 836, but later transferred the buyer’s status to the said Plaintiff.

Plaintiff

B and on October 21, 2014, the Defendant concluded a sales contract with the selling price of KRW 174,137,000 for the hotel Nos. 810 and 811 of the instant hotel, respectively. On November 4, 2014, the Defendant concluded a sales contract with the selling price of KRW 16,9120,00 for the above hotel Nos. 503 of the said hotel.

The contract for each of the above sales contracts concluded by the plaintiffs and the above defendant (hereinafter "each of the sales contracts of this case") includes the following contents:

(hereinafter referred to as “A” refers to the buyer; the scheduled date of the use of the D hotel supply contract:

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