분양대금 등 반환 청구의 소
1. The plaintiffs' appeals against the defendants are all dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
1. The reasons why this court shall state on this part of the basic facts are the same as that of “1. Recognition” among the reasoning of the judgment of the first instance, if it excludes the parts used by the court as follows, and thus, it shall be cited as it is by including the abbreviation pursuant to the main sentence of Article 420 of the
The term "transfer of the position of the Defendants to the position of the executor" in Section 7 of Section 4 is "B. The transfer of the position of the seller of the hotel in this case and the change of the owner of the building", and the term "the position of the seller" in Section 10 of the same section shall be respectively taken into account as "the position of the seller".
The Minister of Agriculture, Food and Rural Affairs sent each document of the 19th, 5th, and 4th, respectively, to the effect that "a content-certified mail was sent, and the above content-certified mail reached Defendant D at that time."
2. Determination as to the claim against Defendant C
A. 1) Under the instant supply contract, where the occupancy of the Plaintiffs is delayed for more than three months from the initial scheduled date of occupancy due to the reasons attributable to Defendant C’s fault, the right to rescind the said supply contract is granted (Article 11(3)3). In the event the said supply contract is rescinded for the said reasons, the Plaintiffs may receive 10% of the total sale price as penalty (Article 12(3)). (2) The instant supply contract stipulates that the scheduled date of occupancy is determined as the completion date of March 2018, but does not expressly stipulate the scheduled date of occupancy. In general, the scheduled date of occupancy can be occupied immediately if completion is completed. Thus, the scheduled date of occupancy should be deemed the same as the scheduled date of completion of the occupancy.
3. The defendant C failed to complete the hotel of this case until three months from March 2018, which was the scheduled date for completion of the hotel of this case, and the plaintiff B shall not complete the hotel of this case on June 15, 2018.
6. Where the instant supply contract is not completed by the end of the end, the Plaintiff expressed his/her intent to rescind the instant supply contract, and the Plaintiff A entered into the instant supply contract on August 14, 2018 on the ground that the instant hotel was not completed.