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(영문) 부산고등법원 2015.07.02 2014나52766

약정금

Text

1. All appeals by the plaintiffs (appointed parties) are dismissed.

2. The costs of appeal are assessed against the Plaintiff (Appointed Party).

Reasons

1. The reasoning of the court's explanation concerning this case is that the part concerning "the decision on the merits" of the judgment of the court of first instance No. 7, No. 12, No. 7, and No. 12, other than the following, is the same as the part concerning the reasons of the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Parts to be dried;

4. Judgment on the merits

A. 1) Whether there was an agreement on the difference compensation following the discount sale, i.e., the above facts and evidence comprehensively taking into account the following circumstances, i.e., the possibility that apartment buildings will be sold at a discounted price in the future, i.e., the parties occupying the first discount sale; (ii) the Defendants issued to some of them an agreement providing that “any of them shall be subject to the retroactive application at a discounted price within two years from the date of the agreement after the contract; (iii) all of the occupants of the first discount sale have received the difference equivalent to the second discount sale regardless of the receipt of the above agreement; and (iv) the Defendants issued the above agreement to some of the buyers at the time of the second discount sale; and (v) it is reasonable to view that the Defendants, regardless of whether they were issued the above agreement; and (v) the modification of the agreement to the first and the second discount sale at the time of the sale; and (v) the modification of the agreement to the first and the second discount sale at the time of the sale; and

(Provided, however, the amendment to the condition that is changed to sell the low-rises and low-rises is invalid) is called "(The amendment to the condition that is changed to sell the low-rises and low-rises shall be null and void)." However, the time of preparation is before the first discount sale is made, and the content as seen earlier is the time of the first discount sale to the Selection and H and I.