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(영문) 서울남부지방법원 2018.11.23 2017가합106672
매매대금반환
Text

1. The defendant,

A. From November 12, 2014, the Plaintiff A’s KRW 218,00,000 and its related thereto:

B. Plaintiff B: 210,000,000 won.

Reasons

1. Basic facts

A. On April 29, 2010, G Co., Ltd. (hereinafter referred to as “stock company” in the name of the company omitted) newly constructed F apartment (hereinafter referred to as “instant apartment”) with H as its contractor, and completed the registration of ownership transfer on April 30, 201 with respect to the instant apartment (hereinafter referred to as “instant apartment”) with the term of trust from April 29, 2010 to April 28, 2030, the beneficiary completed the registration of the ownership transfer on April 30, 201 with respect to the instant apartment (hereinafter referred to as the “instant trust contract”) with the first priority J Bank, K Bank, M Bank, N Bank, N Bank, Second priority H, and Profit-making amounting to KRW 6.5 billion in J Bank, KRW 10.4 billion in K Bank, KRW 5.2 billion in K Bank, and H2 billion in the name of the beneficiary.

B. On December 13, 2013, the Defendant acquired the preferential right under the instant trust agreement from K Bank to the company established for the purpose of purchase and sale of non-performing loans, management of assets, acquisition and sale of bonds and securities, etc., and on March 10, 2014, the Defendant succeeded to the status of the first priority beneficiary of 10.4 billion won for profit under the instant trust agreement.

After the transfer process, the joint beneficiary of the instant trust agreement was finally changed into the Defendant and the OB bank, PB bank, and QB bank.

C. The apartment of this case was sold in lots and the apartment of this case, and 29 households were not sold in lots, and I, from May 7, 2014 to May 16, 2014, did not sell the apartment of this case, 27 households were not sold.

On September 23, 2014, Plaintiff A and the Defendant entered into a sales contract with the Defendant to pay KRW 658 million to the Defendant and the instant apartment unit R as of September 23, 2014, and the down payment of KRW 65.8 million was concluded on the date of concluding the contract and the remainder KRW 592.2 million until December 15, 2014.

Plaintiff

A shall be the name of sale subscription money on September 23, 2014.

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