계약금등 반환
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. Conclusion of each of the instant sales contracts and payment of the down payment, etc. 1) E Co., Ltd. (hereinafter “E”).
“G” officetels on the ground, such as Daegu-dong-gu F land (hereinafter referred to as “instant officetel”).
Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) planning to newly construct the same.
Defendant D (hereinafter “Defendant D”)
(2) On October 15, 2015, Plaintiff A entered into a contract with E to purchase the instant officetel H heading in KRW 85,007,80, and deposited 59,505,460 in total the down payment and intermediate payment into Defendant D account designated by E.
In addition, on October 15, 2015, Plaintiff B entered into a contract to purchase the instant officetel No. 131,620,900 from E, and deposited KRW 92,134,630 in the Defendant D account designated by E, in total, KRW 92,134,630.
(B) Article 12(8) of the sales contract of this case provides that "If the occupancy is delayed for not less than three months from the initial scheduled date of occupancy due to any cause attributable to E, the buyer may demand cancellation of this contract to E, and where the contract is terminated pursuant to this paragraph and paragraph (5) of this Article, E shall pay 10% (contract deposit) of the total purchase price to the buyer as penalty."
2 The scheduled date of each of the instant contracts for sale in lots was set by the end of January 2017. However, E designated the occupancy date on December 2017. The Plaintiffs constitute cases where the occupancy was delayed for at least three months from the initial scheduled date of occupancy due to the reasons attributable to E.