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(영문) 대구지방법원안동지원 2019.11.14 2018가합3684
분양권계약해제 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an executor who sold the Gu, Si, Si, I apartment (hereinafter “instant apartment”) in lots.

B. The Plaintiffs concluded a sales contract (hereinafter “each of the instant sales contracts”) with the Defendant as to the same use of the instant apartment as indicated in the attached Table “Dong” and “Noh” column among the instant apartment units at each date indicated in the attached Table “contract Date” with the Defendant.

The Plaintiffs completed the deposit in the attached Table “payment down payment” column and the construction works in balcony in the attached Table “payment option” column, to each Defendant’s designated account.

▣ 입주예정일 : 2018년 8월 중(공정에 따라 변경될 경우 추후 개별 통보키로 함) 본 아파트의 입주일은 공사 진행결과에 따라 단축될 수 있으며 이 경우 미도래된 중도금과 잔금은 실입주일 이전에 납부해야 하며 선납할인은 적용하지 않고, 입주예정일 단축에 따른 이의를 제기할 수 없다.

Article 2 (Cancellation of Contracts) (3) The Plaintiffs may cancel this contract in any of the following cases due to the reasons attributable to the Defendant:

1. Where occupancy is delayed for more than three months from the scheduled date of occupancy;

2. Where the defect in the house in lots reaches the extent that it is impossible to achieve the purpose of the contract due to considerable difficulty in repair;

C. The contract of each of the instant sales contracts is written as follows:

The defendant, on September 19, 2018, is "the first temporary approval from the old-si mayor for the use of the instant apartment from September 19, 2018 to October 31, 2018" as the period for temporary use of the housing construction project from September 19, 2018.

was received.

E. On November 2, 2018, the Defendant filed an application for temporary approval for the use of the instant apartment again with the Mayor of the Gu-U.S., but whether the temporary approval for use was not immediately made due to the defect of the instant apartment, related civil petitions, etc., and on January 4, 2019, the period of approval for use from November 1, 2018 to December 31, 2019.

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