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(영문) 인천지방법원 2013.11.08 2011가합29

손해배상 등

Text

1.(a)

The defendant Two descendants Construction Co., Ltd. and Daewoo Construction Co., Ltd. are the sequence 1.

Reasons

1. Basic facts

A. The parties’ relationship 1) The Plaintiffs are P Apartments comprised of four complexes (436 units of apartment, 235 units of officetels, 435 units) in Yeonsu-gu Incheon (hereinafter “instant apartment”).

2) The Defendant Daom Construction Co., Ltd. (hereinafter “Defendant Daom Construction”) is an executor of each of the instant apartment complexes 2 and 3. The Defendant Daom Construction Co., Ltd. (hereinafter “Defendant Daom Construction”) is an apartment complex 1 and 4 among the instant apartment complexes, and the Defendant Daom Construction Co., Ltd. is a contractor of the instant apartment complex.

B. From July 2008 to April 2009, Defendant two descendants construction and multiom integrated construction sold out 127 households among the 436 households of the instant apartment from July 2008 to April 2009.2) After that, Defendant two descendants construction and multiom integrated construction were sold out from May 2009 to July 2009 with down payment of 20,000,000 (20,000 square meters from the supplied area to 169 square meters) or 30,000,000 (20,000 square meters from the supplied area) as part of the terms and conditions were changed, and the special sale was carried out after changing the down payment to 20,000,000 won, and as of March 3, 2011, approximately 4366 households of the instant apartment.

C. 1) The Plaintiffs conclude a sales contract and pay the sales price for the purchase of each unit (hereinafter “instant sales contract”) with each of the relevant households indicated in the “execution company” column as of the corresponding date indicated in the “execution company” column in the list of details of sale in attached Form 3 as of the corresponding date, and each of the relevant households indicated in the “Dong and Ho” column as “sale price.”

and the above, and the Corporation

B. (2) Plaintiffs Q and R respectively paid the fixed down payment as referred to in paragraph (2). (2) Plaintiff Q and R were jointly sold on July 27, 2009, 1601, and Plaintiff S and Nonparty T were sold on August 7, 2009, respectively.

1) The completion of the instant apartment and the occupancy of the instant apartment were completed on June 201, and the occupancy of the instant apartment began around that time.