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(영문) 대구지방법원 2020.01.09 2019가합202836

매매대금반환

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1. All of the plaintiffs' primary and conjunctive claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs are entitled to sell the instant officetels between the defendant and Daegu-gu Officetel (hereinafter "the instant officetels"), and the defendant is the executor of the sales business of the said officetels.

B. On May 21, 2015, Plaintiff A and the Defendant entered into the instant sales contract with respect to the instant officetel E, and Plaintiff B concluded each sales contract with respect to the instant officetel E (hereinafter “instant sales contract”). Under the said contract, Plaintiff A and Plaintiff B paid KRW 138,503,600 to the Defendant as down payment and intermediate payment, Plaintiff A and Plaintiff B paid KRW 129,859,140, respectively.

C. Although the scheduled date of occupancy at the time of the instant contract for sale in lots was set at around November 2016, the Plaintiffs and the Defendant agreed to extend the scheduled date of occupancy to June 30, 2017, and to extend the scheduled date of occupancy on June 30, 2016 thereafter to November 30, 2017, and to extend the scheduled date of occupancy on June 30, 2017, and lastly after January 2018, the scheduled date of occupancy to be extended to April 30, 2018.

The Defendant’s notification of the completion of construction and the designation period of occupancy in the instant officetel was completed, and obtained approval for use on January 30, 2019. Around that time, the Defendant sent a written guidance for occupancy to the Plaintiffs by setting the occupancy designation period from January 31, 2019 to February 28, 2019.

E. The relevant content of the instant sales contract is as follows.

Article 2 (Cancellation of Contracts)

3. Where the date of occupancy has been delayed for more than three months from the scheduled date of occupancy due to a cause attributable to a seller, or where it becomes impossible to perform a seller's contract during a contract period, the buyer may rescind this contract;

Article 3 (Penalties)

2. Where this contract has been terminated for reasons falling under Article 2 (3), the seller shall pay 10% of the supplied amount to the buyer as penalty.

Article 5 (Scheduled Date of Occupancy) The scheduled date of occupancy shall be 2016.