분양대금반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) On October 25, 2016, the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “Nonindicted Company”).
) Buildings listed in the separate sheet and the attached list (hereinafter “instant building”).
(1) The sales contract to be sold in lots in January 2018, which is set forth in the supply amount of KRW 1,19,960,510, and the expected date of occupancy (hereinafter “instant sales contract”).
(3) On October 28, 2016, October 31, 2017, 2017; 50,000, 96, 96, 223, 92, 102, 11, 96, 11, 96, 11, 96, 11, 96, 196, 11, 196, 11, 196, 196, 204, 196, 200, 196, 196, 204, 10, 200, 204, 204, 200, 204, 201, 10, 204, 209, 201, 209, 209, 201, 305, 309, 196, 196, 2004, 2005, 3, 2, 10000
Article 2 [Cancellation and Revocation of Contract] (2) "B (Plaintiff, hereinafter the same shall apply)" may cancel this contract in any of the following cases:
2. Article 3 (Penalties and Compensation for Damages) (2) In the event that the contract is rescinded due to a cause falling under Article 2(2), where the defect in the house in units in units has a significant difficulty in repairing and making it impossible to achieve the purpose of the contract, the "A" shall pay to "B" 10% of the total amount of the supply price as penalty;
B. On April 15, 2017, the Defendant acquired the status of the seller from the non-party company under the instant sales contract, and the Plaintiff consented thereto on the same day.
C. The Plaintiff paid down payment and intermediate payment to Nonparty Company and the Defendant who acquired the status of Nonparty Company pursuant to the instant sales contract, and KRW 10,000,000 on October 23, 2016, and KRW 10,000 on October 2016.