분양대금반환 등 청구의 소
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From December 2004, the Defendants newly built and sold D apartment (hereinafter “instant apartment”) while jointly performing an urban development project in the Nam-gu Incheon Metropolitan City B B.
B. On February 201, the Plaintiff visited the sales office of the apartment of this case operated by the Defendants and told E to purchase the apartment of this case, which was in charge of counseling related to the sale of the apartment of this case, and upon introduction of E, the Plaintiff was only consulted with F working in the sales office.
E/F seems to have been an employee belonging to an enterprise that was delegated by the Defendants with the sales agency business of the apartment of this case.
C. On February 25, 2011, the Plaintiff agreed to sell B-Dong 2605 (hereinafter “instant partitioned building”) among the instant apartment buildings, while telephone conversations with F. F. In that process, the Plaintiff provided that “F appears to have the right to view the instant partitioned building. The instant apartment building from 26th floor to 3th floor.”
However, in fact, the partitioned building of this case does not have the right to view the sea.
On March 5, 2011, the Plaintiff concluded a supply contract under which the Defendants would purchase the instant partitioned building at a price of 540 million won (hereinafter referred to as “instant sales contract”), and agreed to pay the down payment of 27 million won at the time of the contract, the intermediate payment of 324 million won shall be paid in six installments, and the remainder payment of 180 million won shall be paid in six installments, and the remainder of 189 million won shall be paid at the beginning date of occupancy (as scheduled on October 2013).
Meanwhile, according to Articles 2(1)2 and 3(1) of the instant sales contract, where the Plaintiff fails to pay the remainder within three months from the date of commencement of occupancy, the Defendants may cancel the instant sales contract where there is no performance after giving notice of performance. In such cases, the amount equivalent to 10% of the sales price shall be reverted to the Defendants as penalty.
(e).