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(영문) 서울중앙지방법원 2018.02.08 2017가합527921

원상회복금

Text

1. The defendant, except the plaintiff B, C, and D, stated in the "personal amount" column in the attached Table 3 attached hereto to the remaining plaintiffs, respectively.

Reasons

1. Basic facts

A. The status E Co., Ltd. (hereinafter “E”) is a contractor and a truster of a new construction and sale of G apartment (hereinafter “instant apartment”) on the ground of the Incheon Metropolitan City Free Economic Zone Fable Zone, which is a multi-family housing with a scale of 1,002. The Defendant is a trustee entrusted with the performance of sales duties, fund management, administrative affairs, etc. by E.

The plaintiffs are several buyers who concluded a sales contract with the defendant for the apartment of this case respectively.

B. (1) The Defendant sold the instant apartment around October 2009, and the Plaintiffs concluded each sales contract with the Defendant as to each of the households listed in the attached Table 3’-Dong-dong column among the instant apartment units from November 2009 to March 2010 (hereinafter “each of the instant sales contracts”).

(2) In the event that the contract is terminated due to the reasons attributable to the Defendant, each of the following subparagraphs (1) through (2) of Article 3 (Penalty) and other causes attributable to the Plaintiff, 10% of the total supply price shall belong to the Defendant as penalty. (2) When the contract is terminated on the grounds falling under Article 2 (3), the Defendant shall pay 10% of the total supply price to each of the Plaintiff as penalty for breach of contract. (3) When the contract is terminated on the grounds falling under Article 2 (3), the Defendant shall pay 10% of the total supply price to each of the Plaintiff as penalty for breach of contract. (3) When the contract is terminated on the grounds falling under Article 2 (3), the Defendant shall pay the penalty for breach of contract to each of the Plaintiff.

Provided, That without directly related to the reasons for cancellation, the loan principal of the financial institution that the defendant paid to the defendant at the request of each plaintiff.