(영문) 서울중앙지방법원 2016.06.03 2015가합557676

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(영문) 서울중앙지방법원 2016.06.03 2015가합557676

계약금 등 반환청구의 소

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1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The status of the party, Non-Party L&C Co., Ltd. (hereinafter “SAWC”) is an executor of the business that newly constructs and sells N&A apartment in the Young-gu Incheon Metropolitan City (hereinafter “instant apartment”). Defendant M&C is a contractor of the said business that was awarded a contract for the construction of the instant apartment from L&C, and the Plaintiffs are those who concluded the sales contract with L&C regarding the instant apartment.

B. The Plaintiffs concluded each of the instant sales contracts and the supply contract for balcony Construction Work from 2009 to 2010, as indicated in the attached Table 2, with respect to each of the same subparagraph among the instant apartment units (hereinafter “each of the instant sales contracts”).

2) The contract for the supply of balcony construction and the supply of balcony construction (hereinafter referred to as the “contract for each balcony construction in this case”).

2) The main contents of each of the instant sales contracts and balcony construction contracts are as follows.

Article 2 (Cancellation of Contracts for Sale in Lots) (1) A seller may cancel this contract in cases where the buyer performs any of the following acts in consultation with the contractor, after giving notice, if the buyer performs such act:

1. Where the part payment prescribed in Article 1 has not been made on at least two consecutive occasions, and the payment has not been made with a peremptory notice fixed for a grace period of at least 14 days;

2. When a contract has been terminated for reasons falling under Article 3 (1) through (2) when the remainder has not been paid within three months from the end of the "designated period for occupancy" and a grace period of at least 14 days has not been set and notified twice or more and the buyer shall pay 10% of the total amount of the supplied money to the seller as penalty;

(3) In the case of the preceding one, a seller shall lend a penalty out of the price already paid.

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