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(영문) 울산지방법원 2020.08.13 2019가합16334
분양대금 반환 등 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”)

) The F building of the size of E 2 to 9 above ground in Yangsan-si (hereinafter referred to as “instant building”).

Defendant D Co., Ltd (hereinafter referred to as “Defendant D”).

(2) As to the building of this case, Plaintiff A entered into a contract for sale in lots with the Defendants as to H, and Plaintiff B entered into a contract for sale in lots with the Defendants as to the sale in lots with Defendant C. (2) As to the building of this case, Plaintiff B entered into a contract for sale in lots with Defendant C.

(hereinafter referred to as “instant commercial building” in combination with G and H. B.

1) Upon entering into the instant sales contract, Plaintiff A entered into the sales contract on August 25, 2017; Plaintiff B and the Defendants on August 22, 2017, with Defendant C as a supplier and Defendant D as a fund management agent, and concluded the sales contract on the instant commercial building (hereinafter collectively referred to as “instant sales contract”).

(2) The Plaintiffs paid each of the money listed in the column of the attached sheet for calculation of down payment (B column) as down payment, and paid each of the money listed in the column of loans for intermediate payment (M column) through an intermediate payment loan from an I Bank. 2) The terms and conditions of the instant contract for sale in lots include each of the following: “six-month grace period for the payment of the remainder (the progress of the lease hospital)” in the case of Plaintiff A and “8 months grace period for the remainder payment (the progress of the lease of the hospital)” in the case of Plaintiff B.

C. Contents 1 of the advertisement on the instant commercial building, which was permitted by the competent authority, is as follows: “The first to the fourth floor above the fourth floor above the ground, the sixth floor above the fourth floor above the ground (the sixth floor above the ground: neighborhood living facilities, the sixth floor above the ground, the medical facilities (a hospital), the seventh to the fourth floor above the ground, and the fourth floor above the ground: the medical facilities (a convalescent hospital)]” with respect to the sales advertisement on the instant building, which was permitted by the competent authority. 2) The public relations materials on the instant building are buildings.

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