분양대금반환등청구의소
1. The Defendant is 6% per annum from April 8, 2017 to June 29, 2017 with respect to each of the Plaintiffs’ KRW 442,521,120 and each of the said money.
1. Facts of recognition;
A. The Plaintiffs are married, and the Defendant is a company that runs the housing construction and sales business, etc.
B. On December 30, 2015, the Plaintiffs entered into a contract with the Defendant for the joint purchase of “D Condominium” (hereinafter collectively referred to as “each of the instant sections for exclusive use”) among “D Condominium building (hereinafter referred to as “instant building”) constructed and sold on the land outside C and three parcels at Jeju, with each of “201, 203” and “201, 206, respectively (hereinafter referred to as “each of the instant sections for exclusive use”).
The contract deposit of KRW 55,00,412,40 for the total supply amount of KRW 55,50,412,40 for the contract of the instant building 201-dong 203 shall be the intermediate payment of KRW 55,561,240 for the total supply amount of KRW 82,561,860 for four occasions, and the remainder payment of KRW 165,123,720 for the total supply amount of the contract of the instant building 201-dong 206, the contract deposit of KRW 55,890,40 for the total supply amount of KRW 55,890,040 for the intermediate payment of KRW 55,890 for the total supply amount of KRW 53,383,560 for four occasions at the time of the contract, the remainder payment of KRW 166,767,120 for the relocation of the contract falls under the following cancellation (hereinafter referred to as the "Plaintiff").
Where the occupancy of "A" is delayed for more than three months from the original scheduled date of occupancy due to the reasons attributable to "A": Provided, That where the occupancy is delayed due to force majeure, such as an administrative order, the enactment and amendment of relevant Acts and subordinate statutes, and strike, which is not a cause attributable to "A" or "A", the cancellation of this contract shall not be requested to "A"
In addition, even if the occupancy has been delayed for more than three months from the beginning scheduled date of occupancy, but the use of the building "A" has not been canceled while "B" has not been canceled, "B" cannot request "A" to cancel this contract.
Article 3 (Penalty and Compensation for Damages) (2) When the principal contract is terminated for reasons falling under Article 2 (2), "A" shall be construed as "B".