청약금반환 등
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. The judgment of the court of first instance on the summary of the judgment: (a) the Defendant newly constructed an apartment from around 2014 to newly sell 760 households to members of the association; and (b) sold the remaining 297 households to persons other than members of the association; (c) the Plaintiffs, other than members, submitted an application form to the Defendant in order to purchase an apartment building of 84m2 or 84m2 or 84m2 or 19m2 (8m2 or more from eight to nine floors), and paid all subscription amounts to KRW 13 million; (d) the application form stating that “the right to select an apartment unit: the right to select an apartment unit: the right to apply the same in order of priority after the number of applicants through the invitation of members and the invitation of members,” and “the application of penalty of KRW 500,000,000,000,000,0000 to members of the association immediately after the conclusion of the contract; and (d) determined that the Plaintiffs did not exercise the right to sell to the remainder of the sale contract to the Plaintiffs.
The plaintiffs, first, agreed to grant the right to designate the same as the purchase priority holder who the defendant subscribed in advance as the plaintiffs prior to the sale in general, and agreed to sell the same in the case of 84 m2,38,400,000,000 won for 84 m2,000,000 won in general, but did not properly inform the remaining households after the sale in general, and they did not perform their obligations such as having the remaining households purchase the low floor higher than the amount originally agreed, or not giving the date of designation of the same subparagraph. Thus, the plaintiffs asserted that they are liable to pay the plaintiffs the amount of 26,00,000 won, which is the share of the subscription price, as compensation for
2.3.