분양대금반환 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant concluded a sales contract to sell each of the instant commercial buildings listed in “the first sale price” column in the same Table to each of the plaintiffs other than Plaintiff J, E, and F (hereinafter “instant building”) among the Zs (hereinafter “instant building”) constructed in Ulsan-gun, Ulsan-gun, U.S., U.S. adjacent to X Station on each of the following dates (hereinafter “instant commercial buildings”).
B. The plaintiff J, E, and F entered into a contract with the purchaser of each of the above stores listed in the "No. 1" column of the same Table of the building of this case to acquire the sale price of each of the above stores from the purchaser of each of the above stores listed in the "No. 1" column of the same Table, and acquired the rights and obligations in the sale contract for each of the above buildings.
C. Around June 2018, the instant building was completed, and around that time, the Defendant entered into a contract with some Plaintiffs to reduce the value-added tax imposed on the building portion by lowering the ratio of the sales price under the instant sales contract to the sales price under the same Table, and to change the sales price of the instant sales contract to each sale price stated in the “Revised sales price” column of the same Table from each sale price stated in the same Table (hereinafter “instant modified sales contract”). The Defendant requested the Plaintiffs to pay the remainder of the sales contract under the revised sales contract, and notified the scheduled date of occupancy of the instant commercial building by designating the scheduled date of the instant sales contract.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 14, the purport of the whole pleadings
2. The plaintiffs' assertion
A. The following defects exist in the building of this case, seeking restitution following the cancellation of the instant sales contract (main cause of claim).
① The instant building is different from the design drawing at the time of the instant sales contract.