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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. G, the words of Plaintiff A’s F, Plaintiff B, and Plaintiff D, concluded the instant apartment sales contract with H Co., Ltd. (hereinafter “H”) as indicated in the following table (hereinafter collectively referred to as “instant first sales contract”).
Serial contractor’s sales price of F 1F No. 801, 205, 201, 890,000 on October 13, 2006, Plaintiff B, 2, 2006, 3 G G G 2, 902, 902, 890,000,000 on October 21, 2006, 2006
B. Due to H’s financial shortage, 167 buyers, including the above F and G, for whom the occupancy of the apartment in the instant case was delayed, filed a lawsuit (hereinafter “instant lawsuit”) claiming the cancellation of the relevant sales contract and the return of the sales price and the payment of penalty on the ground that the period of occupancy set forth in each of the instant sales contract was not observed against H by Suwon District Court 2009Gahap8645 (hereinafter “the instant lawsuit”), and most buyers (including 95, F and G) who did not withdraw the lawsuit on January 29, 2010 were partly accepted (the return of the amount equivalent to the sales price paid and the penalty, etc.) and the claim of 14 buyers was dismissed.
C. Some of the winning buyers (including F and G) and H appealed as Seoul High Court 2010Na37570 on the above judgment. On August 31, 2010, when the above appellate court had been pending, F and G agreed with H to cancel the first sales contract of this case and to enter into a new sales contract to apply the discounted selling price by changing the number of units F, G and Plaintiff B’s Dong and Dong as designated by the said appellate court (hereinafter “instant agreement”), and F and G withdraw the said lawsuit.
After that, F is together with Plaintiff A; Plaintiff B is also with Plaintiff C; Plaintiff D is a number of buyers, instead of which, Plaintiff D is a trustee and seller, Korea Land Trust Co., Ltd. (hereinafter “Korea Land Trust”).