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(영문) 서울중앙지방법원 2020.12.11 2019가합587453
위약금 등 청구
Text

The plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Facts of recognition;

A. On September 2, 2016, F entered into a sales contract with the Defendants on H (hereinafter “instant shopping mall”) with respect to the Yongsan-gu G (hereinafter “instant shopping mall”) in Yongsan-gu (hereinafter “instant sales contract”) (hereinafter “instant sales contract”), and the contents relating to the instant case are as follows.

(hereinafter referred to as “B”, and the Defendants’ total supply amount: 590,000,000 won (10%) intermediate payment of KRW 10,000 (10%) intermediate payment of KRW 10,000 (10%) intermediate payment of KRW 10%) intermediate payment of KRW 2 (10%) intermediate payment of KRW 3 (10%) intermediate payment of KRW 4 (10%) (10%) at the time of concluding a contract, May 15, 2017, when entering into a contract on May 15, 2017, the contract may be rescinded at the later time due to any cause attributable to Party A’s relocation of KRW 59,00,000 on May 15, 2018 (59,000,00059,000,500,0009,000,0000,005,000,000,000,000).

(2) Where the defect in the supply price leads to the extent that it is impossible to achieve the purpose of the contract due to the significant difference between the content of the contract and the actual construction structure through sale in lots, advertisement in lots, etc., and it reaches the extent that it is impossible to achieve the purpose of the contract due to the significant difference in the contents of the contract.

(Provided, That with respect to the price already paid by Eul, Article 19 [limited to the principal of the supply price that Eul paid without interest] shall be refunded] - The ceiling height of neighborhood living facilities and the floor slab height of the floor shall be different by store depending on the level difference in the adjacent site.

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