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(영문) 수원지방법원 2014.06.17 2013가합21492

약정금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs concluded, respectively, a sales contract with the Defendant for some of the households of the H apartment complex in the Suwon-si District H apartment complex (hereinafter “instant H apartment complex”), as follows (hereinafter “instant sales contract”).

(A) No. 1, 3, 5, 7, 12-1, 13-1, 13-1, 13-1, 200

Plaintiff A 106, 1903, 1903 (187.276 square meters, 56 square meters), Plaintiff B, 106, 1103 square meters (187.276 square meters, 56 square meters, 56 square meters) on October 04, 201, and Plaintiff B, 106, 1103 square meters (187.276 square meters, 56 square meters) on November 21, 201, Plaintiff D 106, 1101 (18.276 square meters, 56 square meters, 50.30 square meters, 50 square meters on December 12, 201, Plaintiff 206, 300 square meters, 101 square meters on July 16, 201, Plaintiff 206, 301 square meters on May 27, 2013, 2018.

At the time of entering into each of the instant sales contracts, the Defendant issued to the Plaintiffs a certificate of contract guarantee (No. 1, 3, 5, 7, 9, 10) that includes a special agreement on guarantee of the following contract terms (hereinafter “special agreement on guarantee of the instant contract terms”).

It is confirmed that the conditions will be applied retroactively if any change occurs in comparison with the present conditions within 2 years from the date of the contract (Provided, That this shall apply to the case of a change in the corresponding Dong/ would be applied to the contract under the contract, except for the case of a change in the conditions with four floors or less) / there is no dispute, entry in Gap evidence 1-1 through 10, 13-1, 2, 12, 13-2, 12 and 13 (including the virtual number), and the purport of the whole pleadings.

2. The parties' assertion

A. The phrase “if the terms are changed to the Dong/U” among the terms and conditions of the contract guarantee agreement of this case asserted by the plaintiffs is the same as that of each apartment of this case that the plaintiffs purchased.