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(영문) 서울고등법원 2015.01.15 2013나2030767
분양대금반환 등
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

is changed and reduced in the trial.

Reasons

1. The reasoning of this part of the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of the same Article, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 4

2. Determination on the main claim

A. (1) The Defendant asserted that the sales contract was cancelled due to deception (a) of the main claim (a) (a) the sales contract was cancelled due to deception (a) as to the apartment at the time of the sale of the instant apartment, and (b) as if all development projects related to transportation, education, culture, convenience, amusement, commercial facilities, etc. in the Young-gu area were completed before and after the time of the sale of the apartment at the time of the sale, through advertising and publicity materials, etc., the Defendant enticed the Plaintiffs by advertising

(2) Although the Defendant had been well aware of the fact that the development projects at the time of each of the instant sales contracts were not implemented in accordance with the contents of the sales advertisement, it had concealed such fact and enticed the Plaintiffs as if all of the development projects were to be implemented, and the Plaintiffs concluded each of the instant sales contracts by deceiving them.

(3) Since the plaintiffs have concluded each of the instant sales contracts by deceiving the defendant, they shall cancel each of the instant sales contracts by declaring their intent.

The defendant shall pay the plaintiffs the down payment (attached Form 1) of each sales contract paid by the plaintiffs to the defendant (attached Form 1) and the down payment (attached Form 1) of balcony Expansion Corporation (attached Form 1). (1) [Attachment 1].

(1) The person shall be bound to return the money stated in paragraph with unjust enrichment.

(B) The reasoning for this part of the judgment is that the Plaintiff claimed unjust enrichment for the sum of the down payment and intermediate payment in the first instance court, and the sum of the down payment in the sales contract and the down payment in balcony expansion works is to seek unjust enrichment and to reduce the purport of the claim (hereinafter the same shall apply). The reasoning for this part of the judgment is that the part of the first instance court’s 3 to 20th 6th 6th 19 (2).

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