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(영문) 서울중앙지방법원 2020.12.11 2019가합589923
분양대금반환 청구의 소
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are the buyers who concluded a sales contract with Defendant AG Co., Ltd. (hereinafter referred to as “Defendant AG”), and with respect to the 3 to 10th and upper floors above the ground (hereinafter “AI”), which are knowledge industry centers and support facilities located under AH at Seopoposi, as shown in the attached Table of Sale Contracts, as to the 3 to 10th and upper floors above the ground (hereinafter “instant building”). Defendant AG is a corporation with the trust of real estate and real estate sales business related thereto, which has concluded a land trust contract with Defendant AF (hereinafter referred to as “Defendant AF”) and conducted the sales business of the instant building.

B. From November 2016 to December 201, 2016, the rest of the plaintiffs and AD (hereinafter “sellers”) with the exception of plaintiffs F and K enter into the first sale contract of the instant case into each sale contract (hereinafter “the first sale contract of this case”) as to each of the partitioned sections in the attached Table “Dong and lake” (hereinafter “instant partitioned section”) among the building of this case and defendant AF, and the defendant F paid each down payment and intermediate payment as indicated in the “sale price payment” column in the above list.

The first sale contract of this case cannot be used as residential purpose for the partitioned building of this case.

or there was no indication that there was a designated use.

C. Around July 2017, the Defendants concluded a loan-type land trust contract with respect to the construction and sale of the instant building (hereinafter “instant project”) as follows (hereinafter “instant trust contract”).

Article 1 (Trust Purpose) (1) Defendant AF shall entrust the land listed in the attached Form (1) (hereinafter referred to as "land") to Defendant AG, and Defendant AG shall take over it.

2. The purpose of this trust is to construct the buildings listed in the attached Form (2) (hereinafter referred to as "building") on the land.

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