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(영문) 서울남부지방법원 2015.10.23 2013가합13123
계약금반환
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) Conclusion of a contract on the guarantee of sale in lots between the Defendant and the corporation (hereinafter “Korea”)

(1) On December 1, 2006, the period of public announcement of the invitation of the head of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit.

(2) The main content of the instant sales guarantee agreement is that the Defendant is liable for the payment of the down payment and the intermediate payment paid by the buyer in the event that the principal debtor becomes unable to execute the sales contract due to the security accident pursuant to Article 106(1)1(a) of the Enforcement Decree of the Housing Act.

3) Terms and conditions of the instant parcelling-out guarantee agreement attached to the instant parcelling-out guarantee agreement (hereinafter “instant parcelling-out guarantee agreement”).

(B) The main contents of the sales contract are as shown in Attachment No. 3. B. The plaintiffs concluded the sales contract to purchase a partitioned building corresponding to the number of houses listed in Attachment No. 22 among the apartment of this case (hereinafter the plaintiffs concluded the sales contract of this case by adding the sales contract concluded by the plaintiffs) and paid the down payment and the intermediate payment of the same amount as shown in Attachment No. 4, respectively.

2) At the time of the conclusion of the instant sales contract, Kiz is equipped with three kinds ofme projects (i) the introduction of American school curriculum to the instant apartment complex, the use of English official language, (ii) the installation of ameatoc, and the provision of hotel-type services such as washing and cleaning, (iii) the provision of hotel-type services in the complex), seven types of specialized projects (i) the sales contractor is equipped with a ubiquitous system, (ii) the introduction of American school curriculum to the instant apartment.

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