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(영문) 서울중앙지방법원 2017.12.14 2017가단5075572

약정금

Text

1. Each of the plaintiff's claims is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant Heung Construction Co., Ltd. is an executor who implemented the business of constructing and selling the Incheon B apartment (hereinafter “the apartment of this case”) and is the contractor who newly constructed the apartment of this case.

B. On February 10, 2010, the Plaintiff entered into a sales contract with the Defendants with the selling price of KRW 617,200,000 with respect to the instant apartment Nos. 803 and 2503 (hereinafter “instant sales contract”). The buyers of the instant apartment including the Plaintiff received the sales price from the Korean bank, etc. which entered into the sales loan agreement with the Defendants, and the Defendants jointly and severally guaranteed the said loans.

C. The Defendants publicized and advertised for the sale of apartment units of this case, and published the notice of announcement on November 20, 2009. The sales advertisement indicated the content of E development projects, including artificial waterways, DNA lines, golf courses, financial hub facilities, and the outer circular Highway connected with C Park, and various facilities expected to move into. D.

The plaintiff and 353 buyers including the plaintiff filed a claim for restitution of the termination of the contract due to the cancellation of the sales contract or the fraudulent construction on the ground of fraudulent fraudulent act, such as false or exaggerated advertisements, and she filed a claim for restitution of the sale price claim (Seoul Central District Court 2013Gahap527848, hereinafter "related lawsuit") due to the nonperformance of the duty of disclosure or defect liability due to the defect liability due to the breach of the duty of disclosure, etc., on the grounds that all kinds of infrastructure and business facilities are not retained in Incheon E after the conclusion of the apartment sales contract in this case, and the apartment in this case had been defective construction such as the omission of the defect.

E. On August 1, 2014, the Defendants paid the remainder of the Plaintiff’s sales price.