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(영문) 수원지방법원 2018.04.20 2017가합10988

분양대금반환 등 청구의 소

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1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an executor in charge of supplying the instant building C (hereinafter “instant building”) to Sejong Special Self-Governing City, and the Plaintiffs are the buyers of the instant building 14 and 115.

B. On March 3, 2016, the Plaintiffs entered into a sales contract with the Defendant to be supplied with KRW 1,272,00,000 (including value-added tax) of the instant commercial building 114 square meters (hereinafter “instant sales contract”). On March 10, 2016, the Plaintiffs entered into a sales contract with the Defendant to be supplied with KRW 985,80,000 (hereinafter “instant sales contract”) (hereinafter “instant sales contract”). In addition to the sales contract under subparagraph 114, each of the instant sales contracts, the Plaintiffs concluded the sales contract with the Defendant to be supplied with KRW 115,00,00 (hereinafter “each of the instant sales contracts”).

C. Pursuant to the instant sales contract, the Plaintiffs paid the Defendant the intermediate payment of KRW 763,20,00 in total and KRW 1-4 intermediate payment from March 3, 2016 to October 5, 2016 (i.e., KRW 254,400,000 on March 3, 2016; KRW 127,200,000 on January 5, 2016; KRW 127,200 on April 5, 2016; KRW 127,200,000 on July 5, 2016; KRW 127,200,000 on July 5, 2016; KRW 127,00,000 on October 4, 2016; KRW 16,000 on June 16, 2015; KRW 10,000 on June 16, 2016.

In the building 114 and 115 of the building of this case, there are approximately approximately 80 cm floor studs and indoor stairs for the studs from the front section to the 200 cm away from the front section. There are approximately 60 cm indoor stairs to supplement the fallen difference between the front section and the inside section of the commercial building, and the approximate internal structure form is as follows.

C

E. The Plaintiffs are against the Defendant around September 28, 2016.