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(영문) 서울고등법원 2016.09.30 2015나2031375
계약금 등 반환청구의 소
Text

1. A claim for the extension or reduction of the period of trial against Defendant CT Industry Development Co., Ltd. and Defendant Pung Forest Industry.

Reasons

Basic Facts

The following facts are not disputed between the parties, or acknowledged in full view of the overall purport of the arguments in Gap evidence 1 to 3, 10, 11, Eul evidence 1, Eul evidence 1 to 13-1, and Eul evidence 13-2 (including the numbers attached; hereinafter the same shall apply).

[1] Defendant C&T Development Co., Ltd. (hereinafter “Defendant C&T industry”) is an executor of the new construction and sale of the apartment complex in Nam-gu Incheon Metropolitan City (hereinafter “instant apartment complex”), and Defendant P&C Co., Ltd. (hereinafter “Defendant P&C”) is the contractor of the instant apartment complex.

Attached Form

4. As indicated in the contract statement, the Plaintiffs entered into a contract for each of the sales contracts (hereinafter “sale contract”) with the Defendant C&T industry (hereinafter “the Plaintiffs of separate products”) with the Plaintiff A, C, E, F, and G (hereinafter “the separate product supply contract”) separately from the Defendant PP industry (hereinafter “the separate agreement”).

The main contents of each sales contract concluded between the plaintiffs and the defendant C&T industry are as follows:

[Contents related to the contract for sale in lots] Article 3 (Liability for Interest on Loan) (1) The apartment shall arrange for an intermediate payment loan within the limit of 40-60% of the total purchase price through the financial institution.

(4) The interest rate on the loan shall be paid by the borrower by the first day before the beginning of the occupancy designation period due to the interest payment system, and the contractor shall be borne by the contractor from the beginning of the occupancy designation period, and Eul (the buyer) may also move into the interest rate paid by the buyer at the time of occupancy.

(6) All expenses, such as each guarantee fee and stamp fee necessary for an intermediate payment loan, shall be borne by the contractor.

Article 4 (Cancellation of Contract) (1) A may cancel this contract where B does not perform any of the following acts after the peremptory notice.

(3) If the balance fails to be paid in full within three months from the initial date of the designation period for occupancy.

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