분양대금반환 등
1. All appeals filed by the plaintiffs are dismissed.
2. Upon the Plaintiffs’ preliminary claims added by this Court, Defendant .
1. This part of the basic facts is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following parts, since it is stated in the corresponding part of the judgment of the first instance.
[Supplementary part] The fifth five or less marks in the judgment of the court of first instance shall be added to the following parts:
Article 2 (Cancellation of Contracts) Article 2 (Cancellation of Contracts) (3) "B" may cancel this contract where it is impossible to move into within six months from the scheduled date of entry due to the reasons attributable to "A".
Article 3 (Penalty) (2) When this contract is terminated for reasons falling under Article 2(3), "A" shall pay "B" 10% of the total amount of supply as penalty.
Article 5 (Late Payment and Delay Compensation) (1) When the agreed payment date has elapsed due to the delay in the payment of down payment, intermediate payment and remainder, "B" shall pay the number of days elapsed by applying the overdue rate of 15% per annum to the number of days elapsed, and where the amount of payment falls short of the amount of payment, "B" shall be paid in the order of late payment and the amount of supply.
In addition, the late payment charge on the balance shall be calculated on the basis of the expiration date of the occupancy designation period.
Provided, That where the planned construction schedule is considerably late than the payment schedule of the intermediate payment, "A" and "B" may adjust the payment schedule of the intermediate payment through consultation.
(2) The term "A" shall be paid to "B" or deducted from the remainder of the supplied amount in accordance with the overdue rate under paragraph (1) for the down payment and intermediate payment already paid, if it is impracticable to move into the area on the scheduled date (the changed date if the change is notified) of the occupancy stipulated in this contract.
Article 6 (Payment of Balance and Loan) (8) "B" shall return the sales price already received to "B" as the contract is terminated or terminated after it has received a loan from a financial institution.