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(영문) 창원지방법원진주지원 2014.04.09 2013가합532
분양대금반환 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are the buyers who built B apartment on the ground A (hereinafter “instant apartment”) and commenced the sale from October 11, 201, and the Plaintiffs are the buyers who purchased the said apartment from the Defendant.

B. 1) The Plaintiffs entered into a contract for sale in lots and a special agreement for security of security of the contractual terms with the Defendant for each of the households of the instant apartment as stated in the attached Form sale details (hereinafter “each of the previous sales contracts of this case”).

(2) The sales price entered in the public notice of sale recruitment under each of the above sales contracts (hereinafter referred to as “ordinary sale price”) shall be entered into with the Defendant.

(2) The Plaintiffs concluded an agreement with the Defendant to ensure the safety of the contractual terms that, at the time of the conclusion of each pre-sale contract of this case, the Defendant does not change the contractual terms when concluding the sales contract of the apartment of this case with the other buyers in the future. If the contract terms are changed thereafter, the Plaintiffs entered into an agreement to ensure the safety of the contractual terms (hereinafter referred to as the “instant special agreement”) stipulating that the modified contract terms shall be retroactively applied to the Plaintiffs who are the initial contractor if the contract terms are changed.

The main contents of the instant special agreement are as follows.

The scope of coverage: The applicable coverage period only to the sale price and the cost of expanding balcony: The method of guaranteeing retroactive application when the contract conditions are amended by the date of approval for use (including the approval for provisional use) after the conclusion of the contract - the retroactive application to the contract terms of change to the existing contractor when the contract conditions are changed in the future according to the type of housing on the recruitment notice - the separate application to each type of housing: 85 square meters for exclusive use, 101 square meters for exclusive use, and 140 square meters

(c) Contract deposit for the designation of the same kind of water and for the conclusion of the contract for the sale of goods under Article 1 shall be the down payment at the time of this contract;

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