분양대금반환
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts of recognition;
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is an executor of the instant officetel on the ground (hereinafter “instant officetel”) other than the F in Chuncheon City and nine parcels, and the Plaintiffs are the buyers.
Defendant E Co., Ltd. (hereinafter “Defendant E”) concluded a trust agreement with Defendant D, and completed the registration of ownership transfer on July 29, 2015 with respect to the instant officetel site 1302.5 square meters.
B. On September 21, 2015, Plaintiff A purchased the instant officetel G-type H’s price of KRW 264,384,000 from Defendant D, and paid Defendant D the sum of KRW 185,068,80 (=the intermediate payment of KRW 26,438,400) and the intermediate payment of KRW 158,630,00 in accordance with the terms and conditions of the contract.
C. On September 30, 2015, Plaintiff B purchased the instant officetel G-type I from Defendant D at KRW 270,864,000, and paid the said payment to Defendant D in accordance with the terms and conditions of the contract.
Plaintiff
C On August 29, 2015, Defendant D purchased the instant officetel G-type J at KRW 273,024,00,000, and paid Defendant D the total sum of KRW 191,116,80 (i.e., down payment and intermediate payment of KRW 26,438,400 (the intermediate payment of KRW 158,630,40) according to the terms and conditions of the contract.
E. Meanwhile, at the time of entering into a sales contract, the instant officetel G-type, which the Plaintiffs purchased, was designed in three studio structure and form as follows. However, on February 2, 2016, the instant officetel G-type was constructed by changing the structure and form of the structure and form lost in 2 studio and 1studio as follows, with the permission to change the “part of the interior square plane (G type) of the officetel from Chuncheon City.”
【No dispute over the grounds for recognition】 1, 2, 2-1, 3-2, 3-1, 5-2, 1-1, 4-1, 4-2, and 2-2 of the evidence No. 1, 3-2, 5-1, 4-1, 2-2 of the evidence No.
2. Determination as to the cause of action
A. The plaintiffs' arguments in this case were purchased by the plaintiffs.