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(영문) 수원지방법원 2015.09.17 2014가합7097
손해배상(기)
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an executor of the business that newly constructs and sells B apartment units in Yongsan-si (hereinafter “instant apartment”).

B. The Plaintiffs, among the instant apartment buildings with the Defendant, entered into a sales contract for each apartment as indicated in the pertinent “Dong” and “Dong number” column in the list of the details of the sales contract and the claim amount by the Plaintiff, or acquired the status of the sales contract from the existing buyers with the Defendant with the approval of the resale of the right to sell.

(B) The sales contract between the plaintiffs and the defendant is called "each sales contract of this case".

Meanwhile, on the other hand, the Plaintiffs agreed to apply the terms and conditions of the contract when concluding the instant sales contract after the conclusion of the instant sales contract with the Defendant and the Plaintiffs on each date stated in the “the date of the instant customer security contract” in the above list, and set up a contract containing the following contents (hereinafter “instant customer security contract”), and a contract under the said contract (hereinafter “instant customer security contract”) to apply the same retroactively to the Plaintiffs when concluding the instant sales contract.

- - At the time of the subsequent alteration to the condition of B apartments, confirm that the following is subject to retroactive application -

1. An intermediate payment-free interest;

2. Expansion of balconys;

3. Support for registration tax;

D. After preparing the instant contract with the Plaintiffs, the Defendant provided benefits, such as payment of gift certificates worth KRW 500-15 million to part of the households that concluded the contract for sale in lots.

[Reasons for Recognition] Facts without dispute, Gap 1-9, 11 evidence, Eul 1-3, and 7 evidence (including numbers; hereinafter the same shall apply), the witness Eul's testimony, and the purport of the whole pleadings

2. Judgment on the main claim

A. Both of the plaintiffs' arguments are more favorable than the contract with the plaintiffs to the parties who conclude the sales contract of this case after the sales contract of this case with the plaintiffs.

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