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(영문) 부산고등법원 2015.09.17 2015나50330

계약금반환 등 청구의 소

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1.The judgment of the first instance shall be modified as follows:

The defendant shall list the cited amount by plaintiff 2 attached hereto to the plaintiffs.

Reasons

1. Basic facts

A. The defendant is a housing reconstruction project association established for the purpose of removing A apartment and constructing V apartments (hereinafter "the apartment of this case") in the Busan metropolitan traffic Daegu U.S.

B. From June 8, 2011 to September 9, 2011, the Plaintiffs concluded a sales contract with the Defendant as to the number of the same subparagraph as stated in the item column of the attached Table 3 (hereinafter “each sales contract in this case”). The relevant provisions of the sales contract in this case are as listed in attached Table 4.

C. The Plaintiffs paid all the down payment and intermediate payment as stipulated in each of the instant sales contracts, and the rest of the Plaintiffs other than Plaintiff N (hereinafter “the Plaintiffs”) paid the intermediate payment by receiving a loan from the financial institutions under the Defendant’s guarantee.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 17 (including the provisional number), the purport of the whole pleadings

2. The plaintiffs' assertion

A. Article 2(3) of the instant sales contract provides that “A purchaser may cancel this contract if he/she can not move into within three months from the scheduled date of occupancy due to a cause attributable to the Defendant.” Even though three months have elapsed from January 2014, the scheduled date of occupancy in the instant sales contract, which is the scheduled date of occupancy in the instant sales contract, due to a cause attributable to the Defendant, the Plaintiffs could not move into the door room that he/she purchased.

Accordingly, the Plaintiffs cancel each of the instant sales contracts by serving a duplicate of the complaint of this case.

B. In addition, Article 3(3) of the sales contract of this case provides that where each of the sales contracts of this case is cancelled due to the reasons attributable to the defendant, the defendant shall pay 10% of the supply price to the purchaser as penalty.

C. Therefore, the defendant stated the plaintiffs on the sum sheet of the cited amount sheet by the plaintiff 2 and on each money recorded in the principal column of the above table, respectively, the period column of the above table.