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(영문) 인천지방법원부천지원 2015.12.16 2015가합102186
약정금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is the seller of the defendant Lee Jong-gu AP apartment (hereinafter referred to as "the apartment of this case") in Seocheon-gu, Seocheon-gu, Seoul (hereinafter referred to as "the apartment of this case"), and the defendant Geum-gu Co., Ltd. (hereinafter referred to as "the defendant Geum-si Industry") is the contractor and the seller of the apartment of this case. The plaintiffs are the purchaser of the apartment of this case from the buyer or buyer of the apartment of this case.

B. 1) The rest of the Plaintiffs except Plaintiff AE entered into a sales contract with Defendant A, on the relevant date indicated in the “date of sale” column in the attached Table 2 of the sales contract. The apartment in which the “sale price” column stated in the same table was entered in the same table, and Plaintiff AE purchased 4602 of the instant apartment non-dong 4602 from AR, a buyer, jointly with A Q, on July 9, 2013, to purchase the purchase price for KRW 740,000,000.

C. On January 30, 2012, the approval for the use of the instant apartment and the preparation of a written agreement for the delay of occupancy was granted. The Defendant Epyptian announced the buyer to move into the instant apartment from January 31, 2012 to March 31, 2012, and there was a large number of households to move into the housing among the buyers because there was a low parcelling-out rate and discussions for the sale of the unsold housing units were under way. (ii) Defendant Epyptianism paid the buyer the amount equivalent to 15% of the purchase price to the buyer on April 30, 2012, and Defendant Epyptianism applied equally the terms and conditions to move into the housing unit from January 31, 2012 to March 31, 2012 (from January 31, 2012 to December 31, 2012).

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