손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor of the new apartment construction in Busan-gun, Busan-gun (hereinafter “instant apartment construction”) and is a truster and beneficiary of the instant apartment sales contract, and Defendant B Co., Ltd. (hereinafter “Defendant B”) is a seller of the said apartment sales contract and a trustee who entered into a management trust agreement with Defendant C on the instant apartment and its site.
B. The Plaintiff succeeded to the status of the buyer of the instant apartment G units from E and F, and paid KRW 15 million as the first down payment out of the sales price of the said apartment units of KRW 417.8 million, and KRW 26.78 million as the second down payment.
(hereinafter the Plaintiff succeeded to the status of the buyer, the sales contract in this case is referred to as the “instant sales contract”).
The main contents of the instant sales contract are as follows.
Article 4 (Cancellation of Contract) (1) If the buyer commits any of the following acts, the defendant B shall be deemed to waive the right to purchase the building and may cancel this contract, and on this reason, the buyer shall not raise any civil or criminal objection against the defendant B:
(2) In cases where the buyer fails to pay the intermediate payment under Article 2 (1) two or more consecutive times and the payment has not been made by the peremptory notice issued at least twice a year with a grace period of at least 14 days, the buyer (3) may rescind this contract where he/she has become unable to move into within three months from the scheduled date of move into due to the reasons attributable to the defendant B and the H Co., Ltd.
When this contract is terminated for reasons falling under Article 5(1) and (2), 10% of the total amount of the supply price shall be reverted to the defendant B with penalty, and the defendant B shall return the remainder after deducting penalty, interest on loan, loan amount, etc. to the purchaser.
(2) Section 3 of Article 4.