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(영문) 인천지방법원부천지원 2020.01.08 2019가합102610

분양대금 등 반환 청구의 소

Text

1. The defendant stated each of the "the claimed principal" stated in the detailed statement of the claim by plaintiff in attached Form 2 to the plaintiffs, and one of them.

Reasons

1. Basic facts

A. Each Plaintiff entered into a sales contract (hereinafter “each of the instant sales contracts”) with the Defendant as to the number of each contract units (hereinafter “each of the instant contracts”) located in Kimpo-si and JB-ju on the date of each contract, as shown in attached Table 1 “the terms of the sales contract for each Plaintiff” with the Defendant (hereinafter “each of the instant contracts”).

The main contents are as follows:

Article 5 (Cancellation, etc. of Contract) (3) (A) may cancel this contract where any of the following causes occurs due to a cause attributable to A (Defendant).

1. Where the occupancy has been delayed for more than three months from the scheduled date of saleroom occupants due to reasons attributable to Party A: Provided, That the same shall not apply to cases of force majeure, such as natural disasters;

(4) Where this contract is terminated for reasons falling under paragraphs (1) through (3), subparagraph B shall apply to cases falling under paragraph (1) or (2), and subparagraph (3) shall pay 10% of the total amount of parcelling-out price to the other party as penalty, respectively.

In addition, with respect to the price already paid by Eul (Defendant), the amount calculated by applying the rate of 5% per annum to the return period from the date of receipt to the date of return shall be paid to Eul (each plaintiff).

B. Each Plaintiff paid the down payment, the first intermediate payment, the second intermediate payment, and the third intermediate payment on each payment day, as indicated in the detailed statement of claims by Plaintiff, according to each of the instant sales contracts.

C. In each of the instant sales contracts, the scheduled date of salesroom occupants of each of the instant buildings was set around February 2019, but the occupancy was delayed due to the delay in the construction of each of the instant buildings.

The Plaintiffs, on June 10, 2019, cancelled each of the instant sales contracts on the grounds that the Defendant did not move in even three months after the scheduled date of salesroom under each of the instant sales contracts.