(영문) 인천지방법원부천지원 2020.01.31 2019가합103583

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(영문) 인천지방법원부천지원 2020.01.31 2019가합103583

분양대금 등 반환 청구의 소

Text

1. The defendant

A. Plaintiff A’s KRW 178,080,00 and KRW 1) 25,440,000 among them, respectively, shall be from January 2, 2018 to 2) 50,80.

Reasons

1. Facts of recognition;

A. On January 2, 2018, Plaintiff A entered into a sales contract with the Plaintiffs and the Defendant (hereinafter “instant building”) the F located in Defendant Kimpo-si D and Eable block (hereinafter “instant building”).

(2) On January 4, 2018, Plaintiff B entered into a contract with the Defendant for the purchase price of each unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit of unit

3) Each of the instant parcelling-out contracts set forth as “2.2.” The main contents of each of the instant parcelling-out contracts are as follows. Article 5 (Cancellation, etc. of Contracts) (3) B (the Plaintiffs of this case; hereinafter the same shall apply) may cancel this contract in any of the following cases due to reasons attributable to Party A (the Defendant of this case; hereinafter the same shall apply). The same shall not apply in cases where the occupancy has been delayed for more than three months from the initial scheduled date of occupancy due to reasons attributable to Party A’s fault: Provided, That this shall not apply in cases where the occupancy has been delayed for more than three months from the initial scheduled date of occupancy due to force majeure, such as natural disasters, etc. (4) in cases of paragraph (1) or (2), and in cases of paragraph (3), Party A shall pay 10% of the total amount of the parcelling-out price to Party B with penalty; Party B shall be paid the amount calculated by applying 5% per annum to Party B’s total price from the date of its payment to the date of its refund.

유사 판례

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