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(영문) 울산지방법원 2016.01.29 2015가단10010
청약금반환 등
Text

1. The Defendant: 12,500,000 each of the Plaintiffs, and 5% per annum from May 7, 2015 to January 29, 2016.

Reasons

1. Basic facts

A. The Defendant, around 2014, newly constructed 8 apartment units of 29-dong, 760 households on the ground level 29-dong, 29-dong, 463 households on the ground level (hereinafter “the apartment units of this case”) on the land level other than Ulsan I and 16-dong, and appears to be named as the Defendant’s name in the sense that it would make an early offer to the members, and that it would make an early offer to the purchase priority holder

(i) planed a business to sell 297 households to the general subscriber (a person who has subscribed in accordance with the invitation notice for occupants).

B. The Plaintiffs, who are not members, submitted to the Plaintiff through a sale stand-out event to purchase a unit of 84 square meters A-gun (household with 20 or more floors; Plaintiff A, B) or 84 square meters A-Gun (in the case of Plaintiff C, D, E, F, and G; in the case of Plaintiff C, E, F, and G) of the instant apartment that will be newly constructed in around 2014, and paid all subscription payments around that time.

- Amount of subscription 13 million won - Selection of the same subparagraph: Application of the right to select the same subparagraph to the remaining generations after the drawing of the same subparagraph through the invitation of members and applicants through the invitation of invitation of residents - Application of the right to select the same subparagraph in the order of priority, such as the down payment, etc. - Penalty shall be applied to 500,000 won out of

C. Around January 2015, the Defendant: (a) opened the same-class lottery for the portion of goods sold by the association members; and (b) published the invitation of occupants for the portion of goods sold in general immediately thereafter.

On February 6, 2015, the Defendant notified the preferential purchaser of the purport that “The sales contract shall be concluded at a general sale price (25,9160,000,000 won in the case of a group of 84 square meters or more, and 25,4260,000,000 won in the case of a group of 84 square meters or more) by exercising the right of designation immediately after the closing date for the sales contract for the remaining households after the general sale by lots.”

The plaintiffs did not conclude a sales contract with the defendant.

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