2. Plaintiffs 22, 55, 56, 53, 54, 60 (Plaintiffs 51 in the appellate trial), 63 (Plaintiffs 53 in the appellate trial), 78 (Plaintiffs 67 in the appellate trial judgment), 81 (Plaintiffs 70 in the appellate trial judgment), 93, 94, 11 (Plaintiffs 10 in the appellate trial judgment), 21 (Plaintiffs 17 in the appellate trial judgment), 62, 82, 83, 95, 96, 97, and 98, and the remaining claims of the plaintiffs in the attached Table 2 are dismissed, respectively.

3. Of the costs of lawsuit, the part arising between the plaintiffs 22, 55, 56, 53, 54, 60, 63, 78, 81, 93, 94, 11, 21, 62, 82, 83, 95, 96, 97, and 98 and the defendant shall be borne by the above plaintiffs, and the part arising between the plaintiffs and the defendant listed in the attached Table 2 shall be borne by the defendant.

4. Paragraph 1 can be provisionally executed.

The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the whole pleadings, as follows: Gap evidence Nos. 1 through 108, 2, 3-1 through 4, 5, 11-1 through 3, 13-1, 2, 14, 15-1 through 30, 29, 15-1 through 13, 10-1, and 2.

A. Status of the parties

On April 18, 2006, the Defendant obtained the approval of the housing construction project plan of the public housing district, lender-to-be apartment complex A (hereinafter referred to as the “instant apartment”) on the lots of 27 lots, including the public housing area, Hani-gu, Chungcheongnam-gu, and the public housing project of this case from June 16, 2006 to 710 households of the instant apartment from June 16, 2006, and the Defendant is a purchaser of the instant apartment from the Defendant. The Plaintiffs are the buyers of the instant apartment from the Defendant.

(b) Conclusion of sales contracts;

(1) The Plaintiffs entered into a contract with the Defendant to sell each unit of the instant apartment units in the same list as indicated on the date indicated on the “contract Date” in the attached list No. 1 (hereinafter “instant sales contract”). The Plaintiffs entered into a contract with the Defendant to sell each unit of the instant apartment units in the same list as indicated on the same date.

(2) The main contents of the sales contract are as follows (hereinafter “A” under the following sales contract refer to the Defendant and “B” to the Plaintiffs):

The scheduled date of occupancy: December 2008 (if the occupancy is somewhat changed according to the process, it shall be a separate notification key, and even if it is occupied with approval for temporary use, it shall be deemed the scheduled date of occupancy).

Article 2 (Cancellation of Contracts)

(1) Where "B" commits any of the following acts, "A" may cancel this contract after peremptory notice, if no implementation is made:

1. Where the part payment prescribed in Article 1 has not been made on at least two consecutive occasions, and the payment has not been made with a peremptory notice fixed for a grace period of at least 14 days;

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

3. Where “A” has been arranged for a loan by the guarantee of “A” and “B” has not paid interest, etc. and the financial institution requests implementation instead of “A” to “B”, even if the grace period of at least 14 days has been set and notified twice or more, “B” does not pay the interest, etc. to the financial institution;

4. When the “B” has subscribed to the occupants’ savings, such as subscription savings, in the name of another person, or has entered into a contract by being actually transferred the occupants’ savings, such as subscription savings, etc.

5. Where the right of sale has been provided as security for claims (including cases where it becomes subject to provisional attachment, seizure or other third party exercise of the right to sale at the price of sale at B).

6. Where he commits an act contrary to the Housing Supply Regulations.

(2) "B" may cancel this contract on its own account: Provided, That this shall be limited to cases where "A" is recognized after an intermediate payment has been paid at one time.

(3) "B" may cancel this contract where it is impossible to move into within three months from the scheduled date of occupancy due to any cause attributable to "A". In such cases, "B" shall be notified in writing to "A".

(4) “B” shall be notified in writing to “A” within 10 days from the date of a change in address, or shall submit a certified copy of resident registration of the changed address. If “B” fails to comply therewith, the notification of cancellation of the contract to “B” shall be sent to the previous address and 15 days (including cases of return) have passed after the dispatch shall be presumed to take effect, and the disadvantage to “B” shall not be liable to “B” shall be presumed to be effective. In addition, the same shall apply to cases where the address on the contract is incorrect.

Article 3 (Penalties)

(1) Where this contract is terminated for reasons falling under Articles 2 (1) 1 through 3 and 2 (2), 10% of the total amount of the supply price shall revert to "A" as penalty for breach of contract.

(2) Where this contract is terminated for reasons falling under paragraph (3) of Article 2, "A" shall be paid to "B" 10% of the total amount of supply price as penalty.

(3) In cases falling under paragraphs (1) and (2), "A" shall be refunded to "B" for the amount already paid (Provided, That in cases falling under paragraph (1), penalty shall be deducted) plus interest equivalent to 3% per annum from the date of receipt to the date of return, respectively.

(4) In a case where the down payment is not paid two times by the designated date after the down payment is made one time, this contract shall revert to “A” as penalty, if it is null and void and the down payment already paid. (In advance payment of the down payment, the discounted application shall be reverted to “A”.

Article 5. (Additional Fees, Overdue Charges, and Compensation for Delays)

(1) Where "B" pays an intermediate payment before the date on which an intermediate payment is agreed, the amount calculated according to the number of days for advance payment shall be discounted by applying a discount rate of 6% per year for the advance payment amount: Provided, That any balance shall be discounted on the basis of the first date of designation of occupancy, and the provisions on discount charges and late charges shall not apply to the remainder

(2) When the agreed payment date has elapsed due to the delay in the payment of part payments and the remainder, the amount of late payment calculated by applying 15.69% per annum of the late payment rate calculated by adding the average credit rates among the deposit banks announced by the Bank of Korea at the time of the conclusion of the supply contract to the late payment period: Provided, That where the planned construction schedule is considerably delayed than the initial part payment schedule, "A" and "B" may adjust the payment schedule of the part payment by agreement.

(3) In cases under the preceding paragraph, when the rate of late payment charges added up due to a change, etc. in economic circumstances increases or decreases by at least 2% points a year in light of the time when a contract for the supply of overdue charges is concluded, "A" and "B" shall calculate late payment charges by applying the increased or decreased rate of late payment charges: Provided, That where "A" intends to calculate new late payment charges on grounds of an increase of at least 2% points per annum of the total late payment

(4) "A" shall, if it is impracticable to move into a certain date specified in the main sentence of this contract, pay a delay compensation to "B" in accordance with the overdue charge rate under paragraph (2) for the already paid price or deduct it from the remaining price.

(5) Where the completion of construction is delayed due to force majeure, such as an administrative order, which is not a cause attributable to A, due to a natural disaster or "A", "A" shall be notified to "B", and in such cases, a delay compensation prescribed in paragraph (3) shall not be paid.

Article 6 (Payment of Underpaid and Balance)

(1) The place for payment of part payments and remainder shall be a bank designated and notified by "A", and "A" shall not be obligated to separately notify "B" of the date of payment of part payments.

(2) An intermediate payment that a bank has received a loan from an individual bank shall be paid to "A" in the part payment date specified in Article 1, and overdue interest shall be borne at the expiration of the payment date according to the overdue interest rate specified in this Agreement.

(3) "B" shall pay the interest accrued prior to the payment of the intermediate payment (within 40% of the total sale price) specified in Article 1 to a bank loan arranged by "A", and at the time of the balance settlement, "A" shall pay the interest accrued prior to the payment of "B", and at the time of the expiration of the designation period for occupancy, "B" shall pay the interest calculated by applying the late payment charge rate specified in Article 5 (2) to "B": Provided, That where it is impossible to lend the intermediate payment due to any cause attributable to "B", "B" shall pay in cash according to the payment schedule of the middle contract

(4) In cases falling under paragraph (3), “B” shall follow the loan-related procedures within the period designated by “A”, and the late payment charge incurred or delayed shall be paid by “B”.

Article 17 (Procedures for Occupancy)

(1) "B" shall pay in full the supply price and late payment charges within a specified period, and after submitting all the documents requested by "A", obtain a occupancy certificate specifying the occupancy date.

(2) The term "B" shall pay the management deposit when taking occupancy.

(3) "B" shall bear management expenses regardless of whether or not moving from the date following the expiration date of the designation period for moving-in designated by "A": Provided, That the management expenses shall be borne from the date of moving-in before the expiration date of the designation period for moving-in

(4) The occupancy date of this apartment house may be reduced according to the progress of the construction project, and in such cases, the unpaid intermediate payments and the remainder shall be paid before the actual occupancy date (in such cases, the advance payment shall not apply).

Article 18 (Other Matters)

(1) No product constructed in a model house shall be changed to another product: Provided, That the same quality and the same shall not apply only in extenuating circumstances, such as the saving of the material or the return of the material that is not a cause attributable to A, may be changed to a product of at least two different products.

(2) Where the indication of a model house, various printed materials, the location of the facilities, design drawings, etc. on the model house, the location of the facilities, etc. is partially modified in accordance with the approval for modification of the business plan and the report, etc. after the date of conclusion of the contract, "A" shall be the key to notify "B" (Provided, That "A" may gather the details of modification and notify "B" of the modification of minor matters at a intervals not exceeding six months).

(3) The time to confirm the site of the project site prior to conclusion of a contract shall be the time, and no objection may be raised later with respect to civil petitions arising from non-verification of the on-site conditions.

· A distribution complex is planned on the part of the main entrance and exit of the complex.

- approximately 35 meters long along the southwest of about 101 the national map connecting 23 lines (sloping road) is planned.

· The national map 23 lines are located at approximately 52 meters long from the side direction of the complex, so noise can be generated.

· There is a plan for children's parks in the direction of the 109 Eastbuk-dong.

-105 Dong 107 Dong 107 are planned to enter Twits.

·105 Dong, 106 Dong-dong, the research institute is located in the same direction.

· At approximately 156 meters along the direction of the side of the complex, the border highway is located.

(4) An elementary school site planned for a public housing complex shall be appropriately expropriated at an elementary school, etc. to be newly established in a nearby school or a Bora Housing Site District according to the scheduled future cancellation because no school is required at the time of formulating a plan for admitting students (in cases of inquiry points: the Office of Education of Yongsan-si).

C. Payment of the plaintiffs' purchase price

(1) Pursuant to the instant sales contract, the Plaintiffs paid to the Defendant the amount indicated in the “contract deposit” and the “medium Deposit” in the attached Table 1 as part of the down payment and intermediate payment.

(2) The Plaintiffs paid only the down payment (10% of the parcelling-out price) at the time of entering into the sales contract with the Defendant, and to pay the intermediate payment and the balance thereof at the time of entering into the sales contract, and to pay only some (10%) of the intermediate payment (40%) and the part (40%) of the intermediate payment at the time of entering into the sales contract with the Defendant, and to pay the remainder of the intermediate payment and the balance thereof at the time of entering into the sales contract. Such conditions are less than the sale rate of the apartment of this case, and thus, the Defendant

(d) A drawing or section scheduled for occupancy;

(1) The execution rate of the instant apartment construction has been delayed due to the financial difficulties of the Defendant and the Nonparty lender Construction Co., Ltd. (hereinafter “Defendant’s affiliate company”), which is the commencement of the instant apartment construction, due to delay in the payment of the construction price to the subcontractor. The execution rate as of December 31, 2008, which is the last day of the scheduled occupancy date, was 86.12%, and the execution rate as of March 31, 2009, which was 98.94%, was 98.94%, and the Defendant obtained approval of the inspection on the use of the instant apartment from the Yongsan-si market, as of May 26, 2009.

(2) On May 22, 2009, the Defendant sent a written guidance for occupancy to the Plaintiffs, setting the occupancy designation period from May 29, 2009 to June 27, 2009, and from May 27, 2009 to June 27, 2009.

E. Agreement on the instant sales contract between some plaintiffs and the defendant

(1) The plaintiffs who were scheduled to move into the contract on March 2009, not December 2008 but March 2009, respectively.

Plaintiff 60 (No. 1 omitted), Plaintiff 63 (2 omitted), Plaintiff 78 (3 omitted), Plaintiff 81 (4 omitted), and Plaintiff 93 and 94 (5 omitted) entered into a contract as referred to in the above paragraph (b), and subsequently entered into a sales contract with the Defendant to reduce the sale price of the Plaintiffs to KRW 20,000,000 and the scheduled date of occupancy to March 2009.

(2) An agreement to postpone the 3-month period of occupancy.

A) Plaintiffs 11 (number 6 omitted), 21 (number 7 omitted), 38 (number 8 omitted), 53 and 54 (number 9 omitted), 62 (number 10 omitted), 82 (number 11 omitted), 83 (number 12 omitted), 95 (number 13 omitted), 96 (number 14 omitted), 97 (number 16 omitted), and 98 (number 16 omitted) prepared an agreement to amend the terms and conditions of sale to be amended from December 2, 2008 to March 2009 instead of changing the terms and conditions of payment for the sale price to the Plaintiffs.

B) Some of the above agreements stipulate that “this agreement shall be valid only where 40% of the intermediate payment has been deposited in the account for sales revenue,” but except Plaintiff 38, the Plaintiffs, who prepared such agreement, already paid 40% of the intermediate payment to the Defendant.

(3) The plaintiffs who agreed to cancel the instant sales contract

On March 30, 2009, Plaintiff 22 (Co. 17 omitted) submitted to the Defendant a written application for cancellation and a written waiver stating that “I want to terminate the contract due to the circumstances of the Plaintiff, and I confirm that I will belong to the executor with penalty of 10%,000,000 of the total amount of the sale in lots. I confirm that I will belong to the executor with penalty of 10%,000,000 of the total amount of the sale in lots.” The contract for sale in this case was rescinded by agreement.

2. The assertion and judgment

A. Whether the sales contract of this case was cancelled as provided in Article 2(3)

(1) The plaintiffs' assertion

Since the Defendant failed to perform the obligation of the Plaintiffs to move into the instant apartment after the lapse of three months from December 2008, which is the scheduled date of occupancy specified in the instant sales contract, the instant sales contract was lawfully rescinded upon delivery to the Defendant of a copy of the complaint containing the Plaintiffs’ intent to cancel the said sales contract in accordance with Article 2(3) of the sales contract. Accordingly, the Defendant is liable to return the sale price and pay a penalty to the Plaintiffs.

(2) Determination on each of the agreed plaintiffs

A) As seen in the facts of the foundation, Plaintiff 22, 55, and 56 confirmed that the total amount of the purchase price that the Plaintiffs had already paid by December 2, 2008, which was 3 months from the scheduled occupancy date, shall be reverted to the Defendant as a penalty, and that the sales contract in this case was rescinded by agreement. As such, the above Plaintiffs’ assertion is without merit without further review.

B) Plaintiff 60, 63, 78, 81, 93, and 94 newly concluded a sales contract with the scheduled occupancy date on March 2009 as seen in the facts of the foundation. Plaintiff 11, 21, 53, 54, 62, 82, 83, 95, 96, 97, and 98 agreed to change the scheduled occupancy date to March 2009, as seen in the facts of the foundation, the above Plaintiffs’ assertion on the premise that the scheduled occupancy date is December 2008 is also without merit.

As to this, since the plaintiffs did not have filed an application for change of the scheduled occupancy date with the defendant's scheduled occupancy date, the agreement for change of individual occupancy date and the scheduled occupancy date between the plaintiffs and the defendant on March 2009 is null and void, or the agreement for change of the scheduled occupancy date is based on the premise that the plaintiffs move normally into the apartment of this case. However, since the plaintiffs renounced to move into the apartment of this case, the agreement for change is null and void. However, it cannot be accepted as it is merely an independent opinion of the plaintiffs without any grounds.

(3) Determination on the remaining plaintiffs

As to the claim of the plaintiffs other than the plaintiffs listed in paragraphs (a) and (b) above (hereinafter referred to as "the plaintiffs"), it was impossible for the plaintiffs to move into within three months from the scheduled date of moving into the sale contract of this case. As above, the fact that the plaintiffs' moving into the sale contract of this case was the cause of delay of construction due to the defendant's financial shortage, etc., as seen above. This constitutes "the case where the plaintiffs cannot move into the sale contract of this case within three months from the scheduled date of moving into the sale contract of this case due to the reasons attributable to the buyer" as provided in Article 2 (3) of the sales contract of this case. Thus, the copy of the complaint of this case containing the plaintiffs' intention to cancel the sale contract of this case is delivered to the defendant on March 25, 2009, and the sale contract of this case was lawfully cancelled on April 1, 2009 after three months from the scheduled date of moving into the apartment of this case.

The defendant's provision of Article 2 of the Agreement with the plaintiff 38 that "this Agreement shall be valid only where the 40% of the intermediate payment has been deposited in the account for sales revenue" is a provision prepared by the defendant to secure the performance of the part that was made at the time of reduction of the intermediate payment from the buyer in return for the payment of 40% of the intermediate payment from the buyer in advance, and the validity of the extension agreement with the scheduled date of occupancy was changed to March 2009 because it does not affect any effect. However, although Article 1 of the above Agreement provides for the reduction of the sale price favorable to the plaintiffs and the extension of the scheduled date of occupancy favorable to the defendant, as seen above, Article 2 only provides for the validity of the whole agreement, so it shall be interpreted that the reduction of the sale price and the extension of the scheduled date of occupancy does not occur. Therefore, the defendant's argument is difficult to accept.

(4) Judgment on the defendant's assertion

A) The defendant asserts that the construction is delayed due to design change and additional construction due to the unreasonable demand by the council of prospective occupants of the YG apartment (hereinafter referred to as the "council of prospective occupants") composed of apartment residents including the plaintiffs, namely, the demand for connection to the second floor parking lot of the 103 Dong, 105 Dong, 106 Dong, and the second floor parking lot of the 106 Dong, and the second floor parking lot of the apartment.

However, it cannot be deemed that the council of prospective occupants delegated the authority to revise the contents of the instant sales contract from the plaintiffs (the defendant asserted that the council of prospective occupants' representatives the plaintiffs since it was established on November 9, 2006 with the consent of a majority of 2,000 prospective occupants' total number of the units of the instant apartment complex, but it cannot be deemed that there is no evidence to acknowledge such consent, and even if it was established with the consent of a majority of household affairs, the defendant does not have the authority to represent the plaintiffs). Further, the defendant does not have the duty to accept the requirements of the council of prospective occupants as long as it does not constitute the contents of the sales contract, and even if the defendant selected the requirements of the council of prospective occupants and reflected them in the construction and delayed construction, it cannot be said that there is no reason attributable to the defendant for more than three months in excess of the scheduled date of occupancy originally scheduled.

Therefore, this part of the defendant's assertion is without reason to further examine.

B) The Defendant asserts to the effect that there is no reason attributable to the Defendant as to the scheduled occupancy period of three months or more since the removal of private soil was delayed for a considerable period of time than the ordinary year in 2006. However, since the construction period of the apartment of this case was more than two years, the construction period of the apartment of this case is more than two years, and the construction period of the apartment of this case is included in the lower construction. In Korea, since the concentration of the summer is ordinarily occurring every year, in the implementation of the apartment of this case, it is ordinarily an ordinary year, and it is necessary to estimate the delay in air due to such reason and calculate the scheduled occupancy period, it cannot be deemed that there is no reason attributable to the Defendant solely on the ground that there was a substantial storm in the summer. (In addition, the Defendant merely claims that there was a large amount of rain in the summer, and there is no assertion or evidence as to the delay in construction of the construction period).

C) The Defendant asserts that in the instant sales contract, the Defendant’s obligation to move the Plaintiffs into the apartment of this case is concurrently performed with the obligation to pay the intermediate payment and the balance. The Plaintiffs did not provide their own obligation, and thus, the notification of cancellation was made without satisfying the requirements necessary for the exercise of the right to rescission.

The plaintiffs' assertion of rescission of a contract is not based on the right of statutory rescission on the grounds of non-performance of contractual obligations, but based on Article 2 (3) of the contract for sale in this case (hereinafter "the provisions of this case"). According to the above, the contract for sale in this case may be cancelled where the plaintiffs are unable to move into within three months from the scheduled date of occupancy due to the reasons attributable to the defendant. In this case, the plaintiffs shall be notified in writing. In this case, the reasons attributable to the defendant are special requirements, while the obligation to pay the sale in this case is not specified as the requirements, and only the plaintiffs shall be notified in writing to the defendant in this case.

Since the number of apartment buyers establish a housing plan and a funding plan based on the scheduled date of occupancy of apartment in general, it cannot be considered as a very important factor in considering when the scheduled date of occupancy is the time and whether the sale contract should be concluded and maintained by the buyers. In this case, it is reasonable to view that the general right of cancellation of the contract is stipulated in the same special agreement as the provision in this case as the relationship which is not sufficient to protect buyers.

In other words, it is the reality that most buyers plan to receive housing mortgage loans from financial institutions, along with rental deposits that have been returned upon the termination of a lease agreement on existing housing where the part of intermediate payments and remainder are living, or sales proceeds of existing housing where the buyer wishes to receive housing mortgage loans from financial institutions. In such cases, collective loan mediation and terms and conditions of loan constitute an important part of negotiations on sales contracts. In such a case, most buyers are entitled to use the apartment in question and completion inspection on the apartment in question and registration of ownership transfer and registration of the establishment of mortgage over the financial institutions (this is no different from the first day where occupancy is possible) before the point of time when approval for use and completion inspection on the apartment in question is made and the transfer of ownership and registration of the establishment of mortgage over the financial institutions can be made. In the end, if there is no special provision on the exercise of the right to cancel the contract in this case, it is not possible to exercise the right to cancel the contract unless the buyer provides the remainder in full, and thus, the purpose of the sale contract in this case can be easily excluded from the terms and conditions of the buyer's.

Furthermore, the provision of this case is a standardized contract, and it does not conform to the basic principles of interpretation of terms and conditions to interpret the provision of this case to the disadvantage of the plaintiffs, and as a result, if the defendant fails to observe the scheduled date of occupancy, the defendant can immediately cancel the sale contract, and the contract of this case gives the defendant an extended period of three months in advance. Thus, notwithstanding the existence of the provision of this case, if the plaintiffs still have to provide an opposite obligation in order to cancel the contract by the contract of this case, the provision of this case does not eventually allow the period of three months to the defendant. In other words, if three months have not passed since the scheduled date of occupancy is too long, the contract of this case does not go beyond the function of allowing the plaintiffs to cancel the contract of this case, which means that the plaintiffs cannot cancel the contract of this case, and as a result, Article 2 (1) of the sale contract of this case provides the defendant's right to cancel and provides the plaintiffs' right to cancel, the provision of this case is converted to the defendant only for the defendant, and such interpretation does not violate the purport of this case.

In this regard, the provision of this case is not merely a mere purport of confirming the right to cancel the contract due to the delay of performance under the Civil Act, but it shall be deemed that the right to cancel the contract has a separate requirement. In the case of the cancellation under the provision of this case, it is reasonable to view that the requirements as asserted by the defendant, such as the provision of performance and peremptory notice, are not necessary in addition to the requirements

Ultimately, this part of the defendant's assertion is without merit.

(b) Whether it is cancelled due to other reasons;

A. (2) On the ground that the scheduled date of occupancy was changed to March 2009, the claim for cancellation under Article 2(3) of the instant sales contract was rejected (the "Plaintiffs" in this paragraph refers only to the above plaintiffs. Since the plaintiffs in the above subparagraph (a) (2) cancel the contract, the above plaintiffs' claim is without merit without examining any further).

(1) Determination on the assertion of fraud by notifying false information

(A) The plaintiffs asserted that the defendant, from June 2006 to August 2, 2006, indicated the Si event as "GS Construction (State)" while advertising the apartment of this case in the four major daily newspapers and regional newspapers from around the same year, and that the plaintiffs caused the plaintiffs to misunderstand it as the same company.

According to the purport of the whole pleadings, the non-party LS Construction Co., Ltd. changed its trade name on March 18, 2005 to GaS Construction Co., Ltd. (hereinafter "GS Construction"), and the defendant was established on January 15, 2004 prior to the lapse of one year, and its trade name was to indicate apartment construction projects in the GS Construction Co., Ltd., which was established on January 15, 2004, and its trade name was to indicate the apartment construction projects in the GS Construction Co., Ltd., the above area’s name was remote social, and the apartment brand claimed by the plaintiffs to be erroneous. The apartment brand of GaS Construction Co., Ltd., the contractor of the apartment in this case, and the brand of the apartment in this case, which is the apartment construction contractor, was the apartment brand of the apartment in this case, and the defendant did not use the apartment in this case’s brand widely known to the general public. Accordingly, there is no evidence to find otherwise.

(B) The plaintiffs asserted that with respect to the sale advertisement of the apartment of this case and the construction of roads adjacent to the apartment of this case presented by the defendant to the plaintiffs, i) Do 23 Do Do 23 and Do 23 Do 23 Do 23 Do Do 2007 are directly connected to the apartment of this case and the apartment of this case Do 23 Do 23 Do 23 Do Do 23 Do Do 23 Do Do 23 Do Do Do 23 Do Do Do 23 Do Do Do Do 23 Do Do Do Do Do Do Do 2007 Do Do Do Do Do 23 Do Do Do Do Do Do Do Do Do Gun Do Do Do Do Gun Do Do Do Do Do Do Gun Do Do Do Do Do Gun Do Do Do Do Do Do Do.

On the other hand, in order to cancel the instant sales contract for such reasons as claimed by the Plaintiffs, the content of the Defendant’s above should be incorporated into the contents of the instant sales contract, and such contents should be evaluated as the Defendant’s nonperformance of obligation.

Meanwhile, an offer is a conclusive declaration of intent to establish a certain contract in combination with the consent of the other party corresponding thereto, whereas an invitation to subscribe is not a declaration of intent that constitutes an agreement different from this, even if the induced person again expresses his/her intent without entering into the contract, and thus, the contract is formed only by again inducing the purchaser to express his/her consent. The content of the advertisement for the sale of commercial buildings or apartment houses can be generally deemed as inducing the purchaser to subscribe. However, in the case of a transaction of a large-scale apartment complex which is sold in the pre-sale and after-sale, it can be said that the sales contract has the nature of inducing the purchaser to buy. However, in the case of a large-scale apartment complex which is sold in the pre-sale and after-sale, only the unit, number, deliberation, method and time of occupancy are stated, and there is no specific content as to the external, material, structure, and interior decoration of the apartment complex and its incidental facilities, it is difficult to view that the sales contract was concluded at the time of the sale contract to have been concluded by the purchaser or the purchaser.

In light of the above legal principles, the construction of roads around apartment areas and the creation of green park, etc. can not be seen as the fact that the buyer can claim the performance as the content of the contract, and it cannot be seen as being incorporated into the contents of the instant sales contract. Therefore, the plaintiffs' assertion on this part is without merit without further review.

(2) Judgment on the assertion of defects in the apartment of this case

The plaintiffs asserted that some of the households that were sold by the plaintiffs as they did not secure a shelter space separately while expanding the balcony at the time of the construction of the apartment building in this case, there is no assertion or proof as to the existence of the above defects in the households that were sold by the plaintiffs, and there is no reason to view this part of the allegation.

C. Sub-decision

Therefore, the defendant is obligated to pay legal interest and delay damages at the rate of 20% per annum as stipulated by the Civil Act from March 26, 2009 to April 1, 2009 to the part of the complaint of this case, as requested by the plaintiffs, as to the relevant money and the part of the restoration (total of contract deposit and intermediate payment) of the same list, which is the sum of the down payment and intermediate payment that the above plaintiffs paid to the defendant and the penalty equivalent to 10% of the purchase price of this case under Articles 3(2) and 2(3) of the contract of this case, as the restoration following the cancellation of the contract of this case to the plaintiffs listed in the separate sheet No. 2. 2. The defendant is obligated to dispute about the existence and scope of the contract of this case from January 29, 2010 to the date of the decision of this case, and from the next day to the day of full payment, 5% per annum as stipulated by the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

3. Conclusion

Therefore, the plaintiffs' claims in the attached list No. 2 shall be accepted within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit, and the remaining claims shall be dismissed as it is without merit. It is so decided as per Disposition.

[Attachment]

Judges Choi Dong-dong (Presiding Judge)