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(영문) 서울고등법원 2017.01.20 2016나2007461
분양대금반환
Text

1. The plaintiffs' appeal and the main and conjunctive claims added to the plaintiffs' appeal are all dismissed.

2. Appeal;

Reasons

1. Basic facts No. 1: Lease demand issued and incurred annually 18%: Until 2016, - Until 2016, 90% of the U.S. armed forces' - 4,000 U.S. armed forces' 4,00 U.S. military bases were integrated to ensure that 80,00 persons live at Pyeongtaek, such as the U.S. armed forces and their families, are "P.S.S. military base", - The house structure needs to be - the house structure: the room is essential from 2 to 3, the living space is secured, the living space is secured - the high-value/safety of the living space and the main structure - the location of the dwelling space is 5 minutes from their place of work of the military unit - expected to increase the annual rent of 11% for the U.S. military housing allowance - the anticipated rental revenue of 18% U.S. military units (2015) - P.S. 180-180-1-20-10-1-20-10-10-1-10-2-2-10-1.-2-2-10-1. use-1.

A. The Defendant, as an executor who constructs and sells officetels on the ground of Pyeongtaek-si C (hereinafter “instant officetel”), was recruited by buyers, and distributed the advertising site (hereinafter “instant advertising site”) containing the following contents while soliciting buyers:

The purchase price of the number of units under the contract of the Plaintiff as of February 23, 2015 between the two B B B as of October 23, 2015 and the end of October 255, 850,000 as of February 23, 2014, the scheduled date of occupancy of the unit of units under the contract of the Plaintiff as of February 4, 2014

B. The Plaintiffs concluded each of the instant sales contracts (hereinafter “each of the instant sales contracts”) with the Defendant as listed below with respect to the instant officetels.

C. At the time of entering into each of the instant sales contracts, the Defendant issued a revenue certificate that guarantees the Plaintiffs’ earnings amounting to 18% per annum of the actual investment amount for two years from the date of occupancy (for Plaintiff A, KRW 1,667,250 per month, and for Plaintiff B, KRW 1,695,750 per month).

Under each contract for the sale of this case, the defendant, and the plaintiff A.

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