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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. Basic facts
A. On August 28, 2014, the Plaintiff and the Selected B (hereinafter “Plaintiff, etc.”) entered into each of the following sales contract (hereinafter “each of the instant sales contract”) with the Defendant with respect to four households (hereinafter “each of the instant real estate”) out of D on the land outside Yeongdeungpo-gu Seoul Metropolitan Government and one parcel (hereinafter “each of the instant real estate”). On the same day, the Plaintiff, etc. paid the down payment.
D. The Plaintiff 1013, 118,90,000 10,000,000 Plaintiff 11113, 118,900,000 10,000 10,000,000 b 306 Nos. 107,500,0000 10,0000 b 8014,400,000 b 114,000 114,000,000
B. According to each of the instant sales contracts, the intermediate payment is 30% of the supplied amount, and the remainder is the amount calculated by deducting the down payment and the intermediate payment from the supplied amount.
The contents of each contract for the sale of this case related to this case are as follows.
Article 2 (Conclusion and Rescission of Contracts) (3) The plaintiff, etc. may cancel this contract by himself/herself in case of his/her own circumstances.
However, even once the intermediate payment has been paid, it shall be limited to cases recognized by the defendant after payment.
(4) The plaintiff, etc. may cancel this contract if it is impossible to move into within three months from the scheduled date of move into due to a cause attributable to the defendant.
Article 3 (Penalty) (1) When this contract is terminated for reasons falling under Article 2 (2) through (3), ten percent of the total amount of sale price shall be reverted to the defendant as penalty.
(2) When this contract is rescinded or terminated due to a cause falling under Article 2 (4), the defendant shall pay the plaintiff, etc. 10% of the total amount of the sale price as penalty.
Article 18 (Matters concerning Loan for Sale Price) (3) In the event that the plaintiff, etc. receives a loan from a financial institution arranged by the defendant from a financial institution arranged by the defendant, it shall be possible to grant a loan up to 30% of the value of supply, and interest-free interest shall apply to the interest on the day immediately before the date of
④ Plaintiffs, etc. irrelevant to the Defendant.