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(영문) 서울중앙지방법원 2016.12.22 2016가합5936
부당이득금
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 sales contract between Plaintiff F (hereinafter “Plaintiff F”), G, and H with respect to the remainder of the Plaintiffs and K, L, and M, respectively, was concluded between the Defendant and the Jung-gu Seoul Metropolitan Government New Apartment Complex (hereinafter “instant apartment”).

Serial 1 Plaintiff A 2306, March 18, 2013; Plaintiff B 1,022,229,000 Plaintiff C on July 16, 2013; and Plaintiff C 1,015,00,000 on February 329, 2012; Plaintiff D 904,400,000 on August 27, 2013; Plaintiff 6,005, May 27, 2013; Plaintiff B 305, February 305, 2012; and Plaintiff B 1,02,229,000 on July 27, 2012; and Plaintiff B 305,005, 1,01,000 on February 305, 190, 196, 208, 207, 308, 28,308, 28,297

B. In addition, at the time of entering into each of the instant sales contracts, the rest of the Plaintiffs except Plaintiff F, G, and H, L, and M drafted a customer security agreement with the Defendant (hereinafter “instant agreement”) respectively, and the main contents are as follows.

1. Where the sale conditions are changed after the conclusion of this contract subject to the customer proposal system and before the date of approval for use (construction) of the apartment concerned, this contract also applies retroactively to the modified sale conditions;

( Examples of Sale Conditions - Interest without interest, etc.) The foregoing example of sale conditions may differ from the sale conditions applied actually to help customers understand.

C. Meanwhile, with respect to the instant apartment Nos. 1802 from K and L on January 29, 2015, Plaintiff F acquired the status of purchaser under each of the instant apartment Nos. 2302 from Plaintiff G and H on January 8, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8 (including branch numbers, hereinafter the same shall apply), Eul evidence No. 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The defendant part of the claim for the return of the discounted sale price is the apartment of this case after the date of approval for the use of the apartment of this case.

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