(영문) 수원지방법원 2013.11.28 2011가합7195

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(영문) 수원지방법원 2013.11.28 2011가합7195

분양대금반환등

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. 1) Defendant B District Housing Association (hereinafter “Defendant Association”)

2) The apartment house of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant apartment house”).

Defendant A Co., Ltd. (hereinafter “Defendant Company”).

(2) The Defendant Union and the Defendant Company obtained the approval of the initial housing construction plan for the instant apartment on April 26, 2007, the approval of the first project plan was made on August 22, 2007 due to a decrease in the area of cadastral adjustment, increase in the total floor area, etc., the approval of the second project plan was made on November 9, 2007, the third project plan was modified on April 1, 2008 due to a change in the geological design of the ground of the instant apartment, and the fourth project plan was approved on August 11, 2008 due to a change in the location of the second underground floor of the instant apartment.

B. On December 21, 2007, the Defendants offered the public announcement of the apartment of this case on January 3, 2008 after obtaining the approval of the public announcement of the invitation of the applicants for the first recruitment of buyers. The sale price of the apartment of this case at the time of the public announcement of the invitation of the applicants for the first recruitment of buyers was KRW 657,700,000 to KRW 122,30,000 for each square year, and from January 4, 2008, the Defendants first sampled house (hereinafter “former model house”) from January 4, 2008.

(2) On January 23, 2008, the sales contract was concluded between the Defendant Union and the Plaintiff D, and E, to sell 106 Dong 2201 among the instant apartment units in the amount of KRW 862,60,000, and Plaintiff F, on June 10, 2008, to sell 106 Dong 402 among the instant apartment units in the amount of KRW 756,30,00.

3. By September 30, 2008, among the 479 households of the general apartment of this case, the defendant union and the association.

유사 판례

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-수원지방법원 2013. 11. 28. 선고 2011가합7195 제7민사부 판결

-수원지방법원 2020.09.09 2019나78203