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(영문) 서울남부지방법원 2015.07.15 2015가단200238
매매대금반환
Text

1. The Defendant: (a) KRW 20,670,000 for the Plaintiff and KRW 7% per annum from December 21, 2009 to January 29, 2015; and (b).

Reasons

1. Basic facts

A. The building indicated in the separate sheet (hereinafter “instant building”) was originally owned by C and D in 1/2 shares. However, the Defendant, the representative director of C, intended to implement remodeling construction of the instant building into 51 units, and acquired each of the above co-ownership shares from C and D on March 19, 2010.

B. On December 19, 2009, the Plaintiff entered into a contract with the Defendant for the purchase of KRW 545 (12.61 square meters for exclusive use, 6.35 square meters for each floor, 7.54 square meters for total shared area, 4.71 square meters for housing site shares, 4.75 square meters for a housing site; hereinafter “instant 545”) among the instant building, and paid KRW 20,670,000 for down payment and intermediate payment of KRW 20,670 for a contract, and the intermediate payment of KRW 20,670,000 for the remainder payment on January 15, 2010, and KRW 27,560,000 for each payment on February 28, 2010 (hereinafter “instant parcelling-out contract”) with the Defendant as the down payment of KRW 5,00,000 for the contract date, KRW 670,00,000 for the Defendant.

C. However, the Plaintiff came to know that it is difficult for the Defendant to register the division of the building as a studio with respect to a house installed by remodeling construction without permission by extending the building of this case through the inquiry of the Sinnam-si Office, the Plaintiff refused to pay part payments and demanded to refund the down payment for the sales contract of this case.

Meanwhile, during the period from April 1, 2010 to June 28, 2011, the Defendant had twenty-seven persons of each heading rooms of the instant building registered co-ownership transfer at the proportion of the respective parcelling-out area. However, even until the closing date of the instant argument, the Defendant did not have completed the registration of transfer of sectional ownership according to the portion of the buyers sold in lots.

[Ground of recognition] Evidence No. 1, Evidence No. 4-1, Evidence No. 5, and No. 6, the purport of the whole pleadings

2. According to the above facts of assertion and judgment, the plaintiff raised objection through the defendant's inquiry from the date of the intermediate payment to the Sungnam-si Office of Correction.

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