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(영문) 서울고등법원 2016.01.14 2015나2047349

분양대금반환 등

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The judgment of the first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) and Plaintiff N. attached Form 6.

Reasons

Basic Facts

The plaintiffs are the buyers of the Jung-gu Incheon Metropolitan City P Apartment (hereinafter referred to as the "the apartment of this case") constructed by O Co., Ltd. (hereinafter referred to as the "O"), and the defendant is the company that purchased the apartment of this case to the plaintiffs after concluding a management-type land trust contract with the Asian Meart Investment Co., Ltd., the actual implementer of the new construction of the apartment of this case and the sale-type.

The Plaintiffs concluded each of the instant sales contracts and the payment of the sales price were to conclude each of the instant sales contracts with the Defendant and each of the households listed in the “supply Price” column of the attached Table 3 as stated on the date of each of the “the contract date” column for the details of the conclusion and payment of each of the instant sales contracts.

The main contents of each sales contract of this case are as follows.

Article 2 (Cancellation of Contracts) (1) When the plaintiffs have committed any of the following acts, the defendant may cancel this contract after peremptory notice, if the contract is not performed:

1. Where the part payment prescribed in Article 1 has not been made on at least three consecutive occasions, and the payment has not been made with a peremptory notice given at least twice within a 14-day grace period;

2. When he/she fails to pay any balance within three months from the agreed date.

3. In a case where a loan is arranged by the defendant's guarantee and the financial institution claims performance on behalf of the defendant because the plaintiffs did not pay interest, etc., the defendant does not pay the interest, etc. to the financial institution even if the defendant set a grace period of 14 days or more

(e) Provided, That where interest, etc. is not paid to a financial institution after the lapse of the grace period, such contract shall be cancelled, and where a contract is cancelled, the principal and interest of loan and penalty already paid shall be paid;