분양대금반환 등
1. The defendant,
A. From February 4, 2010 to Plaintiff A 16,409,000:
B. Plaintiff B: 16,409,000 won.
1. Basic facts
A. The Defendant is a project executor and a contractor for the new construction and sale of F apartment (hereinafter “instant apartment”) on the ground of 72,182,593m2 on the land of 1,628m2 in the Young-gu Incheon Metropolitan City free economic zone, which is an apartment house with a scale of 1,628m2.
B. On February 4, 2010, the Defendant concluded each sales contract (hereinafter “instant sales contract”) with Plaintiff A and Plaintiff B to sell the instant apartment units of KRW 107 Dong 1802, Plaintiff B and the instant apartment units of KRW 109 Dong 1304, January 21, 2010, Plaintiff C and the instant apartment units of KRW 110 Dong 1702, and Plaintiff D and February 22, 2010 to sell each of the instant apartment units of KRW 328,180,000 (hereinafter “instant sales contract”).
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 5 and 6, the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the Plaintiffs’ assertion 1) The Defendant’s assertion is the Act on Fair Labeling and Advertising (hereinafter “Indication Advertising Act”) by making false or exaggerated advertisements as if the third landing bridge will be opened until 2014 at the time of the instant sales contract.
Therefore, the Defendant is liable to pay the Plaintiffs money equivalent to 5% of the sales price of the instant sales contract from the date of the sales contract to the date of the final judgment, 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of the full payment. 2) The gist of the Defendant’s assertion, Incheon Metropolitan City, etc. has a specific plan to construct the third-stage landing, and the Defendant advertised that the third-stage landing will be scheduled to be constructed based on such plan.
On the other hand, the defendant publicly announced that the alteration or abolition may be made according to the alteration of the district unit plan, and the above development plan.