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(영문) 서울중앙지방법원 2014.01.24 2013가합22589
분양대금 반환 등
Text

1. Defendant B-market reconstruction project partnership: (a) the Plaintiff is entitled to KRW 950,00,000 and its amount from July 17, 2009 to January 24, 2014.

Reasons

1. The facts of recognition (1) Defendant B market reconstruction project association (hereinafter “Defendant B market reconstruction project association”) is the reconstruction association established on April 30, 2004, and Defendant C is the president of the Defendant association, in order to promote the project of constructing a new commercial building under the name of “E” (hereinafter “instant commercial building”).

On January 9, 2007, the Defendant Union opened a board of directors and a standing board of representatives, and decided to sell the right to occupy and use the pit room or the 8 resting room (hereinafter “the occupation and use portion of this case”) established on the 1, 2, 2, and 7th and 7th and above all the 8th and above the 7th and to raise funds necessary for the new commercial building project of this case, but to discuss the sale price and procedure thereof later.

(2) On July 10, 2007, the Plaintiff: (a) purchased the right to occupy and use the eight-storys of the instant occupation and use in total amount of KRW 2,80,000,000; (b) concluded a contract deposit of KRW 1,000,000 for intermediate payment of KRW 1,000 for intermediate payment of KRW 1,00,000 for the remainder payment of KRW 80,000 for ten (10) days after the contract was concluded; and (c) paid KRW 1,00,000 for intermediate payment of KRW 1,00,000 for the date of the contract within six (6) months after the payment of intermediate payment; and (d) paid KRW 1,00,000 for intermediate payment of KRW 1,000 on July 20, 2007.

(3) Meanwhile, the Defendant Union delegated the right to purchase and use the entire occupation and use of the instant part to the Garen belt, and paid KRW 50,000,000 to the sales agency fee per unit of the occupied and use part, and the Garen belt deposited KRW 2,80,000,000 to the Defendant Union by December 31, 2007, and the entire right to occupy and use and use by December 31, 2007, which is not sold by the above deadline, concluded a sales agency service contract for the right to purchase and use and use, which is to be acquired by the Garen belt according to the terms and conditions set by the Defendant Union.

(4) Accordingly, the Plaintiff is the Defendant Union and the Plaintiff.

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