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(영문) 서울고등법원 2014.09.26 2013나23480

분양대금반환

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1. All appeals filed by the Plaintiffs (including the Plaintiffs in the counterclaim) against the Defendants (including the Defendant, the Counterclaim Plaintiff).

Reasons

1. The court's explanation of the basic facts is the corresponding part of the judgment of the first instance.

(Article 420 of the Civil Procedure Act). 2. The plaintiffs' assertion

A. 1) The plaintiffs did not move into the apartment of this case from March 201 to June 201, which was the scheduled date of moving into the sales contract of this case. As such, the plaintiffs cancel the sales contract of this case by serving the copy of the complaint of this case pursuant to Article 2 (3) of the sales contract of this case. The individual agreement of this case is not valid because 250 or more households, which are the effective requirements stipulated in Article 7 of the individual agreement of this case, do not meet the requirement that they should enter into the individual agreement of this case, or it is concluded by deception of the defendant's living real estate trust, and the plaintiffs cancel the individual agreement of this case on the grounds of deception or mistake (the plaintiff A and N alleged that the individual agreement of this case was forged, and the plaintiff K drafted the individual agreement of this case conditionally, and the conditions of the contract of this case are not effective.

Meanwhile, even if the individual agreement (including the prior agreement) of this case is valid in lieu of the prior agreement of this case, the plaintiffs C still can cancel the contract for sale in this case, since the plaintiff's contract for sale in this case can still be cancelled as long as the defendant's real estate trust delayed the performance of the obligation to provide occupancy under Article 1 of the prior agreement of this case.

3. On the other hand, the plaintiff K did not perform the obligation to provide occupancy to the defendant's living real estate trust, etc., and changed the object of sale with the content certification as of November 30, 201.