분양대금반환
1. The plaintiff C and D shall be dismissed respectively.
2. Defendant E Co., Ltd. shall specify the sales contract in attached Form 1 to Plaintiff A and B.
1. Basic facts
A. The plaintiffs 1) The apartment sales contract for each of the households stated in the column of "contract date" as stated in the attached Form 1 sales contract with the defendant trust and the defendant F, the contractor, etc., who is the consignee and the seller of the new apartment (hereinafter "H apartment" of the apartment of this case) on the land outside Busan Seo-gu G and 2 lots (hereinafter "the apartment of this case").
2) The main contents of each of the instant sales contracts are as follows.
Article 2 (Cancellation of Contracts)(3) The buyer may cancel this contract if he/she is unable to move into within three months from the scheduled date of occupancy due to reasons attributable to the seller.
Article 3 (Penalty) (2) Where this contract is terminated due to a cause falling under Article 2 (3), the seller shall pay 10% of the supply price to the purchaser as the penalty.
(5) Where this contract is terminated, a seller, a truster, or a contractor has loans from a financial institution as a result of guarantee of construction works, the buyer shall reimburse the seller and the lending institution of the principal and interest of loans, and the seller may refund the total amount after deducting the principal and interest of such loans from the sale price to be returned to the buyer after deducting the penalty under Article 3
Article 5 (Procedures for Occupancy) (1) A seller may notify the buyer of the period of designation of occupancy one month prior to such one month, and the buyer shall complete the occupancy procedures within the period determined by the seller.
Article 9 (Loans) (1) Any part-time loan bank (hereinafter referred to as a "loan bank") shall be a bank designated by a seller, and it shall not be implemented in the name of the buyer because the buyer fails to apply for the loan in the name of the buyer to the designated lending bank by a specified period, or is proved to be disqualified for the lending under the regulations of the lending bank.