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(영문) 수원지방법원 2015.02.05 2014가합6957
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties is that the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is an executor of the new construction and sale business of 26 units, Dong 3498 units, Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si (hereinafter “instant apartment”), and Defendant Esc Construction Co., Ltd. (hereinafter “Defendant Esc Construction”) is a construction contractor that constructed the instant apartment by being awarded a contract for the new construction work of the instant apartment from Defendant Co., Ltd.

The Plaintiffs, as indicated in the “contract date” column of the attached Table, shall be the number of buyers who directly concluded a sales contract between June 2010 and September 2010 on the corresponding number of the apartment in this case, or those who acquired the status of the sales contract from the initial number of buyers, as indicated in the attached Table from June 2010 to September 2010.

(2) The sales contract between the first buyer and the Defendant is "each of the instant sales contracts", and the first buyer and the first buyer do not specifically distinguish the parties who acquired the status of the sales contract from each other).

The Plaintiffs, including the content of each sales contract in this case, paid 5% of the sales price as the first down payment on the date of entering into the contract, and 5% of the sales price as the second down payment within one month thereafter, respectively, and the intermediate payment shall be paid six installments on November 10, 201, April 11, 201, September 14, 201, and February 10, 2012; 10% of the sales price as of February 10, 2012; 30% of the sales price as of December 10, 2012; and 30% of the sales price as of December 10, 2012. The remainder (30%) and the payment interest of the intermediate payment as seen below shall be paid on the date of notification of occupancy (from May 8, 2013).

In addition, the main contents of each contract for sale in this case related to this case are as follows.

Article 1 (Methods for Sale and Payment) (1) "A" (referring to the seller) shall supply this real estate, and "B" (referring to the buyer) shall be the due date for payment.

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