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(영문) 서울중앙지방법원 2019.02.13 2018가합547113
매매대금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

(1) On May 14, 2016, the Plaintiff’s officetel supply amount (unity) No. 1 A 235,400,000 B B B on May 10, 2016, P246,100,003 C C on February 20, 2016, Q 123,692,004 DD 520,86,000 E E on March 9, 2016, 122,087,0006 FM 6,006, 00, 200, 2000 MMM 235,40, 400, 007 GM 235, 400, 007, 75, 16, 208, 205, 16, 208, 205, 16, 208, 2016.

Article 10 (Cancellation of Contracts) (4) of the scheduled occupancy date scheduled January 2018 (the scheduled occupancy date after approval for use, the scheduled occupancy date may be changed according to the process, and the accurate occupancy date shall be later notified) (4) The Plaintiffs may cancel this contract if they are unable to move into within three months from the scheduled occupancy date due to reasons attributable to the Defendant.

Article 11 (Penalty and Refund) (2) When this contract is terminated on the grounds falling under Article 10 (4), the defendant shall pay 10% of the total supply price to the plaintiffs as penalty.

The plaintiffs and the defendant concluded a sales contract containing the following contents:

(B) The Plaintiff and the Defendant paid each down payment as stipulated in the instant sales contract. The Plaintiffs paid each down payment under the conditions as stipulated in the instant sales contract.

On January 30, 2018, the Defendant sent to the Plaintiffs a notice stating that “the construction was delayed due to changes in the design of civil engineering facilities and the strike of ready-mixed vehicles related to ready-mixed vehicles, and the completion schedule was postponed as of January 2018.”

On May 24, 2018, the Defendant sent a written notice to the Plaintiffs regarding the occupancy procedure by setting the occupancy period from June 29, 2018 to August 28, 2018, and filed an application for the approval of the use of the instant officetel on June 8, 2018.

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