분양대금반환 등
1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiffs’ claim corresponding to the revoked part shall be revoked.
1. Basic facts
A. Defendant Q Co., Ltd. (hereinafter “Defendant Q”) is an executor of the business of constructing and selling a building AT Center III (hereinafter “instant building”) on the ground of Sejong Special Self-Governing City (hereinafter “Seoul Special Self-Governing City”) (hereinafter “Seoul Special Self-Governing City”), and Defendant AR Co., Ltd. (hereinafter “Defendant AR”) is a trustee who was entrusted by Defendant Q Q and management-type land trust contract (hereinafter “instant trust contract”) with Defendant Q and management-type land trust contract (hereinafter “instant trust contract”).
B. From February 2016 to December 2, 2016, the Plaintiffs concluded a sales contract with the Defendants on the commercial buildings and officetels in the instant building (hereinafter “instant commercial buildings”) with Defendant AR as the implementer and the trustee and the seller, and Defendant A Q as the truster. The buyers who signed a sales contract with the Defendants on the commercial buildings and officetels in the instant building (hereinafter “instant commercial buildings”) without distinguishing between the commercial buildings and officetels.
(B) The Plaintiff’s sales contract in the form of “instant sales contract.” The object purchased by the Plaintiffs is as indicated in the Plaintiff’s “story and lake” column in the separate sheet Nos. 1 and 2. Of the Plaintiffs, the Plaintiffs paid the down payment out of the sales price, and the listed Plaintiffs in the separate sheet No. 2 paid 50% of the total down payment and the first intermediate payment as indicated in the separate sheet No. 2 in the separate sheet No. 50% of the total amount of the down payment and the first intermediate payment.
The amount and the date of payment of the down payment or intermediate payment paid by the plaintiffs shall be as specified in the relevant column in attached Tables 1 and 2.
[Grounds for recognition] Entry Nos. 1-4 (including the whole number of paper numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. The plaintiffs' arguments in this case cancel the instant sales contract on the grounds of the defendants' deception or mistake as to important contents, and seek the return of the amount equivalent to the down payment and intermediate payment already paid to the defendants.
The plaintiffs' act of deception.