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(영문) 서울중앙지방법원 2015.05.13 2014가합584664
계약금 등 반환청구의 소
Text

1. Defendant C, C, E, F, and G against Defendant C, Inc., Defendant C, Defendant C, and Defendant C.

Reasons

The summary of the case is that the plaintiffs' apartment sale contract and the separate product contract of the plaintiffs A, C, E, F, and G (hereinafter referred to as the "observer plaintiffs") are cancelled due to the reasons attributable to the plaintiffs. The case is that the pertinent plaintiffs seek payment of the remaining amount of money obtained by deducting the sale price or item price already paid as a performance of duty to restore against the defendants, who are parties to the contract, and the penalty or the amount of payment by subrogation received as a penalty or an amount of payment by subrogation from their legal interest.

On the premise of fact, Defendant CT Industry Development Co., Ltd. (hereinafter “Defendant CT Industry Development”) as the Defendants is the executor of the new construction and sale of the Nam-gu Incheon Metropolitan L Apartment, and Defendant SP Forest Industry Co., Ltd. (hereinafter “Defendant SP Forest Industry”) is the contractor of the above project.

Article 3 (Liability of Loan Interest) (1) of the Contracts for Sale and Purchase and for Separate Items (Options), this apartment loan is arranged through a financial institution to arrange an intermediate payment loan within the limit of 40 to 60% of the total purchase price.

(4) The interest interest rate on the loan shall be paid by the first day before the beginning of the occupancy designation period due to the interest payment system, and the contractor shall bear the interest, and the buyer shall also have the interest 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 remainder fails to be paid in full within three months from the beginning date of the period for designating occupancy, 7) If B fails to pay the second down payment on the designated date, 3) B is unable to move into within three months from the scheduled date of occupancy due to any cause attributable to A, it may be rescinded.

Article 5 (Penalty) (1)

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