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(영문) 서울고등법원 2015.05.28 2014나2038782
분양대금반환 등
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On July 12, 2009, the Plaintiff entered into a sales contract with the Defendant for the purchase of an officetel 201 Dong 3803 (hereinafter “instant officetel”) at KRW 406,00,000 (hereinafter “instant sales contract”). The Plaintiff agreed to pay KRW 20,300,000 on the date of the contract, the intermediate payment shall be divided into six times from January 15, 2010 to July 18, 2012, each designated date of KRW 40,60,000 on each designated date, the remainder payment of KRW 142,100,000 on the date of occupancy designation.

B. The Plaintiff paid the down payment to the Defendant on the day of the contract pursuant to the above sales contract, and around December 12, 2009, the Plaintiff borrowed KRW 162,000,000 from the new bank (hereinafter “new bank”) that entered into an agreement on the lending of intermediate payments with the Defendant and the intermediate payment.

C. According to the Agreement on the Loan of Intermediate Payments between the Defendant and the new bank, it was possible to borrow an officetel only within the scope of 40% of the supplied amount in the case of officetelss. Therefore, the 5th and the 6th intermediate payments were not available from the new bank.

On or around December 30, 2011, the Plaintiff received a notice from the Defendant that he/she may receive a loan from the Defendant 5th or six times intermediate payment from the Defendant (hereinafter referred to as “shot Capital”) but did not receive a loan from shot Capital.

E. Meanwhile, prior to the conclusion of the instant sales contract, the Defendant advertised the instant officetel using the sales guide, leaflet, etc., and the said sales guide and leaflet included the following as “mid-to-door interest-free loans” and “non-resale limit after the contract.”

[Reasons for Recognition] Facts without dispute, Gap's entry in Gap's 80 to 84, 92 to 94, 100 evidence (including branch numbers), and the purport of the whole pleadings

2. The Plaintiff’s judgment as to the primary claim is the development project of this case on the date of the first pleading in the trial.

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