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(영문) 서울서부지방법원 2015.06.12 2014가합36863
분양대금반환 등
Text

1. The plaintiff's rehabilitation debtor, Dong Construction Co., Ltd. confirms that rehabilitation claims amount to KRW 243,324,887.

2...

Reasons

1. Basic facts

A. On December 18, 2009, Defendant C’s Housing Redevelopment Association (hereinafter “Defendant C”) entered into the instant sales contract with respect to the apartment complex No. 202 (hereinafter “instant store”) in Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “Dong Construction”) that was executed by the Dong Construction Company prior to the rehabilitation, and the main contents thereof are as follows.

Enforcement company: The method for paying the sale price of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of

B. D paid the down payment on August 31, 2009, and thereafter, upon the Plaintiff’s succession to the rights and obligations under the instant sales contract from D on December 29, 2010, D paid the down payment of KRW 103,440,000, which is a part of the said remainder, as part of the said remainder, to Dongbu Construction on February 2, 2010.

C. From September 29, 2010 to May 13, 2011, the Plaintiff sent a certificate to the effect that the instant sales contract will be cancelled if the Plaintiff did not take measures such as identifying the causes of leakage, cracks, etc. due to defects in water supply and heating in the instant store over several occasions. For this reason, Dongbu Construction sent to the Plaintiff a letter verifying that the repair work was completed on several occasions from November 11, 201 to May 9, 201, and the defects alleged by the Plaintiff cannot be grounds for cancellation of the instant sales contract, and thus, the Plaintiff urged the Plaintiff to perform the sales contract.

On June 21, 2012, Dong Sub-construction seems to be a clerical error in the name of "in the light of the date of delivery by content-certified mail, June 2012" as stated on the right upper part of the notice of cancellation of a sales contract (No. 15-1).

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