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(영문) 서울고등법원 2015.01.22 2014나2022596

약정금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Plaintiff A, on October 106, 201, 1903 Dong-dong 1903 (187.276 square meters, 56 square meters), 895,030,000 Dong-dong 1103 (187.276 square meters, 56 square meters), November 21, 201; 895,030,000 Dong-dong 1101 (187.276 square meters, 56 square meters), 106, 1101 (106.276 square meters, 50, 560 square meters, 107.106, 106, 106, 207.30, 56 square meters, 895, 030, 000 Dong-dong 101, 101, 206, 201, G-16, 2010 square meters

A. The Plaintiffs concluded a sales contract (hereinafter “each of the instant apartment units”) with respect to each of the instant apartment units (hereinafter “each of the instant apartment units”) among the instant H apartment units in the Suwon-si zone (hereinafter “instant H apartment units”) as listed below.

It confirms that the conditions will be applied retroactively if any change is made in comparison with the present conditions within two years from the date of the contract (Provided, That this shall not apply where the conditions have been changed in the corresponding Dong/ would be applied to the contract under the contract, except when the conditions have been changed to the fourth or lower floor).

B. At the time of entering into each of the instant sales contracts, the Defendant issued to the Plaintiffs a contract guarantee certificate (hereinafter “instant guarantee certificate”) containing a special agreement for guarantee of the following contract terms (hereinafter “instant special agreement”), and the Plaintiffs paid the sales price to the Defendant pursuant to each of the instant sales contracts, and completed the registration of ownership transfer as to each of the instant apartment units.

C. In order to increase the sale rate on May 20, 2013, the Defendant implemented a smart ice system (hereinafter “ smart ice system”) with respect to part of the unsold households in lots of the instant H apartment complex. The main contents thereof are options excluding balconys with an annual interest support (4.3% per annum) for 50% of the sales price increase for 45% of the sales price increase for 50%.