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(영문) 수원지방법원 2016.08.19 2012가합25206
부당이득금 반환
Text

1. The defendant shall select the parties to the plaintiff (appointed parties) and the selectors listed in the annexed Form 1 list as shown in the annexed Form 2.

Reasons

1. Basic facts

A. The Defendant is a business proprietor who constructed and sold 320 households, 5, 5, and 320 units of the D apartment in Pakistan-si (hereinafter “instant apartment”), and the Plaintiff (designated parties) and the designated parties indicated in the name of 1 selectr (hereinafter collectively referred to as “Plaintiffs”) concluded a sales contract for the instant apartment with the Defendant, or acquired the status of a seller, and is currently a sectional owner who has the ownership of each of the relevant apartment units listed in the same number and column of the cited amount in the attached Form 2 among the instant apartment units.

B. On December 31, 2007, the Defendant obtained approval of the project for the instant apartment construction project from the project owner, who is the competent authority, and started the construction of the instant apartment on July 29, 2008. On September 26, 2008, the Defendant opened a model house on the same day.

C. From October 21, 2008, the Defendant concluded each of the instant apartment sales contracts (hereinafter “each of the instant sales contracts”) with the buyers including part of the Plaintiffs from around October 21, 2008. The main contents of the instant sales contracts are as follows.

D Article 13 [Maintenance of Defects] ① “A” shall be liable for repair of defects in the construction of the building in question in accordance with the Housing Act.

Article 16 [Other Matters] (1) No product constructed within a model house may be changed to another product.

Provided, That the same shall not apply to inevitable cases, such as the saving of goods, return of goods, etc. of materials not attributable to “A”, but may be changed into the same quality and other products of at least the same unit.

(2) The indication of the location, design drawings, etc. of a model house, various printed materials, or dividing lines and facilities on model drawings may be partially modified according to the approval for the modification of a business plan, reporting, etc. after the date of conclusion of the contract.

The actual contents of the agenda shall be sold in order to improve the quality of the "D" apartment.

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