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(영문) 인천지방법원 2021.03.23 2020가합267
수분양대금반환
Text

All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The party’s relationship 1) The Defendant is a contractor who newly constructed and sold “D” (the use of neighborhood living facilities, the 3 to 18th floor above ground, and the hereinafter “E”) on the 8th ground and the 18th floor above ground in Jung-gu, Incheon. E Co., Ltd. (hereinafter “F”) is the contractor of the instant building, and F Co., Ltd. (hereinafter “F”) is a trustee who was entrusted with the instant building in accordance with the management-type land trust contract by the Defendant.

2) The Plaintiff is a person who sold G-ho, the purpose of which is the neighboring living facilities, among the instant buildings, from the Defendant.

B. On July 26, 2017, the Plaintiff and the Plaintiff entered into a sales contract between the Defendant, E, and F with the seller and the consignee (A), the Plaintiff as the buyer (B), the Defendant as the truster and beneficiary (C), and E as the contractor (C). Of the instant building, the sales contract to receive KRW 327,800,000 (including value added tax) among the instant building (hereinafter “instant sales contract”). The sales price was determined to pay the remainder on each designated date (30% in total) and the remainder on each designated date (60% in total).

The main contents of the instant sales contract are as follows.

Article 2 (Cancellation of Contract) (3) The Plaintiff may cancel this contract in any of the following cases due to the F’s fault:

2) Where the defect in the commercial building in lots has a significant difficulty in repairing and making it impossible to achieve the purpose of the contract, 3) where the content of the contract and the difference between the substance of the contract and the actual construction are obvious, thereby making it impossible to achieve the purpose of the contract impossible to achieve the purpose of the contract due to the significant difference between the substance of the contract and the building in lot, etc., 5) or where it becomes impossible to achieve the purpose of the contract in violation of other important matters of the contract.

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