beta
(영문) 서울중앙지방법원 2021.01.15 2020가합522506

분양대금감액청구의 소

Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. Defendant J Co., Ltd. (hereinafter “Defendant J”) is the executor of the instant building construction and sale business (hereinafter “instant building”). Defendant K Co., Ltd. (hereinafter “Defendant K”) is the executor of the instant building, the executor of the instant project, and Defendant J and K entered into a management-type land I contract with Defendant I Co., Ltd. (hereinafter “Defendant I”) on the instant project.

B. The Plaintiffs concluded each contract for the sale of each of the instant buildings with Defendant I as listed below (hereinafter “each of the instant sales contracts”). The Plaintiff’s sales contract for the pre-sale of each of the instant buildings was 797,000,000 C on September 22, 2019; D 41B on September 27, 2019; 35G 35G 200,000 on October 1, 2019 (hereinafter “each of the instant sales contracts”). The fact that the Plaintiff’s sales contract for the pre-sale of each of the instant buildings was 780,000,000 B B on September 22, 2019 (won) and 16A 16A,000,000 on September 27, 2019; 10,000,000 or 53D 20 on October 37, 2019; 20G 197.

2. Determination as to the cause of claim

A. The gist of the plaintiffs' assertion 1) Partial cancellation of the sales contract of this case and partial return of the sales price of this case on the grounds of deception or mistake was conducted again for unsold households, since the sale of the building of this case was not completed.

In this regard, Defendant I’s employees, at the time of entering into each of the instant sales contracts, deceiving the Plaintiffs to set up options, such as air conditioners, mid-to-doors, and electric walls, free of charge, even though the sales price under each of the instant sales contracts was calculated at a higher price than the initial sales price of the instant building, and the same publicity was made on the Internet, and the Plaintiffs entered into the instant sales contract on the grounds that they were deceiving.