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(영문) 대구지방법원 포항지원 2018.03.22 2017가합10966
계약금반환 등 청구의 소
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 Defendant newly constructed and sold the apartment house B (hereinafter “instant apartment”) located in Nam-gu, Nam-gu. The Plaintiffs concluded a sales contract with the Defendant for each of the corresponding parts of the instant apartment units (hereinafter “each of the instant sales contract”) or taken over the status of the sales contract on each of the relevant parts of the instant apartment units (hereinafter “each of the instant sales contract”) at each date indicated in the “date of contract” column in the attached Table attached hereto at port, and paid the first down payment on the date of contract and the second down payment on the date indicated in the “date of final payment” in attached Table 1 to the bank account designated by the Defendant.

B. Each sales contract of this case contains the following contents:

(A) In each of the instant sales contracts, “A” and “B” mean the Plaintiffs. In February 2017, “A” and “B”, “B” may cancel this contract where any of the following causes arises due to reasons attributable to A’s fault. 1. Where the occupancy has been delayed for more than three months from the scheduled occupancy date due to reasons falling under Article 3(2)(3), “A” shall pay to B the total amount of the supply price as penalty. The Defendant received from the port market: (a) the fact inquiry on the occupancy of the apartment of this case on May 24, 2017; (b) the fact inquiry on the occupancy of the apartment of this case on June 30, 2017; (c) the purpose of Article 2(1) through (6) of the Civil Procedure Act is to obtain temporary inspection on the occupancy of each of the instant apartment of this case; (d) the purpose of Article 107(1) through (6) of the Civil Procedure Act; and (e) the purport of the inspection on the occupancy of the apartment of this case.

2. Summary of the plaintiffs' claims

A. Under Article 2(3), each of the instant sales contracts exceeds three months from the scheduled date of occupancy due to reasons attributable to the Defendant’s side.

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