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(영문) 서울중앙지방법원 2016.08.26 2014가합509526

분양대금반환 등

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1. The Defendants jointly share the amount of KRW 26,896,600 to Plaintiff D as well as the amount of KRW 26,896,60. From March 21, 201 to August 26, 2016.

Reasons

1. Basic facts

A. From November 201 to 2012, the Defendants concluded a sales contract (hereinafter “instant sales contract”) with the Plaintiffs with regard to the instant apartment as the selling company of Yeonsu-gu Incheon apartment (hereinafter “instant apartment”). The instant sales contract was executed by U.S. Co., Ltd. (hereinafter “U”). (hereinafter “U”).

B. Around March 2011, the Defendants promised to offer discount benefits to the Plaintiffs who purchased the above special supply household while selling the apartment of this case at discount, and then exclusively stored a special agreement stating the contents of the said discount benefits and confidentiality on the grounds of the confidentiality of the existing buyers, etc. (hereinafter “the instant special agreement”).

However, the Defendants granted the same discount benefits to the previous buyers after the sale to the Plaintiffs.

C. Meanwhile, from January 2013, after the sale of the apartment in the instant case to the Plaintiffs, the Defendants implemented the “frigic book” with the content that “if the Defendants paid 20% of the total selling price and received a loan under the name of the buyer and paid 60% of the intermediate payment, interest on the said loan for two years, ownership transfer registration expenses, acquisition tax on behalf of the Defendants shall be paid, deferred for two years, and the remainder payment shall be deferred for two years, and if the buyer withdraws the purchase intention, the entire amount already paid shall be refunded to the buyer.” As a result, the sales performance in the year 2013 (615 households) increased remarkably compared to the sales performance in the year 2012 (26 households).

In addition, the defendants are given priority to local residents at the time of entering V schools through the seller of the apartment of this case, etc.