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(영문) 제주지방법원 2019.01.17 2018가합578
분양대금반환 등
Text

1. The defendant's 310,247,00 won to the plaintiff A, 131,172,000 won to the plaintiff B, and 132,871,000 won to the plaintiff C and each of the above money.

Reasons

1. Facts of recognition;

A. The Defendant entered into a sales contract with respect to the building “G” (hereinafter “instant hotel”), which was constructed on E and F land at Seopoposi, in Seoposi City, (i) supplied Plaintiff A with the purchase price of KRW 173,480.00 on May 6, 2016; (ii) the instant No. 4th hotel No. 1 of the instant hotel to KRW 214,30,000 on May 14, 2016; and (iii) the Plaintiff B with the purchase price of KRW 187,390,000 on May 28, 2016; and (iv) supplied Plaintiff C with each of the instant contracts to sell KRW 16,09,00 on June 12, 2016 (hereinafter “each of the instant contracts”).

B. The date of approval for use of the content of each supply contract of this case: the scheduled date of August 2017 occupancy (if any alteration is made in accordance with the process, the later individual notification key): the enforcement company and seller G (hereinafter “A”) of the scheduled plan (if the alteration is made in accordance with the process, the later individual notification key) October 2017 shall sell the above property in accordance with the Act on Sale of Buildings (hereinafter “Building Act”) and enter into a contract for construction with L Co., Ltd. (hereinafter “A”), the responsible completion company (hereinafter “B”), and enter into the supply contract with the buyer (hereinafter “B”) as follows.

Article 1 (Supply Price and Payment Method) (2) The first intermediate payment (15%) at the time of concluding a contract: The second intermediate payment (10%) at the time of May 12, 2016: July 12, 2016: The third intermediate payment (15%) at the time of November 12, 2016: The fourth intermediate payment (10%) at the time of November 12, 2017: The balance (30%) on May 12, 2017 at the time of designating occupancy: Article 2 (Cancellation of Contracts)(1) A may be rescinded if the “B” commits any of the following acts:

(2) The term "B" may cancel this contract by itself in the case of its own circumstances.

However, part payments shall be made at all once.

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