원상회복금
1. All appeals filed by plaintiffs B, C, and D are dismissed.
2. The remainder of the judgment of the court of first instance except for the part concerning plaintiffs B, C and D.
1. The following facts are acknowledged, either in dispute between the parties, or in full view of the purport of the entire pleadings, as a whole, in each entry of Gap evidence Nos. 10 to 57, and Eul evidence Nos. 7, 8, 9, and 11 (including the number of each office; hereinafter the same shall apply):
[1] E Co., Ltd. (hereinafter “E”) is a construction contractor and a truster for a new construction and sale of G apartment on the ground of the 1,002 unit unit of the Incheon Metropolitan City Free Economic Zone (hereinafter “instant apartment”).
The defendant is a trustee entrusted with the performance of sale duties, fund management, administrative affairs by proxy, etc. from E.
The plaintiffs are several buyers who concluded each sales contract with the defendant for the apartment of this case.
[2] The Defendant sold the instant apartment around October 2009, and the Plaintiffs concluded a sales contract with the Defendant for each of the households indicated in the attached Table 4’-Dong-ho among the instant apartment units from November 2009 to March 2010.
(hereinafter referred to as "each sales contract of this case"). The main contents of each sales contract of this case are as follows.
[Contract] Article 2 (Cancellation of Contract) (1) The defendant may cancel this contract where no performance is made after the peremptory notice when each plaintiff committed an act falling under any of the following subparagraphs:
(2) When any balance is not paid within three months from the date of designation of occupancy, each plaintiff may cancel this contract if it is impossible to move into within three months from the scheduled date of occupancy due to a cause attributable to the defendant.
Article 3 (1) (Penalty) When a contract is rescinded due to any of the subparagraphs of Article 2 (1) through Article 2 (2) and any other causes attributable to the plaintiff, 10% of the total amount of the supply price shall be reverted to the defendant as a penalty.
(2) When the contract is terminated due to a cause falling under Article 2(3), the defendant shall pay 10% of the total amount supplied to each plaintiff as penalty for breach of contract.
(3) When cancelling a contract, the defendant is out of the already paid amount.