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(영문) 서울서부지방법원 2019.01.18 2018가단221747
위자료
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiffs concluded a sales contract and facility use contract with Q Co., Ltd. (the Q Co., Ltd.) on the R apartment (hereinafter “R apartment”) located in Q Q Co., Ltd. (the Defendant succeeded to the rights and obligations under the sales contract after entering into the sales contract, and completed the registration of ownership transfer as to the sales price and facility charter payment in its name.

B. 1) On November 11, 2009, the buyers including the plaintiffs filed a lawsuit against the defendant claiming for the return of the sale price, the facility charter, etc. (Seoul Western District Court Decision 2009Gahap14784) on the ground that "the defendant made an advertisement to the effect that he would build a golf course and allow the occupants to use it free of charge in the unit of R apartment building, and that he would make it available to the occupants free of charge," and that even though he entered into a facility use contract that contains the content that he would give the right to use the golf course to one household, he would eventually cancel the sale contract, since he did not construct the golf course." (Seoul Western District Court Decision 2012Na23179) on April 11, 2013, the appellate court of the above case (Seoul High Court Decision 2012Na23179) had a duty to cancel the sale contract and the sale contract's obligation to pay the sale price to the plaintiffs."

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