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(영문) 인천지방법원 2013.10.16 2012가합13886
분양대금반환 등
Text

1. All claims filed by the plaintiffs (appointed parties) and plaintiffs are dismissed.

2. The costs of the lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. On May 2009, the Defendant purchased the instant apartment from July 2009, upon obtaining approval for the sale of I apartment houses in a zone for the Housing Site Development Project for Gyeonggi-si and Han River (hereinafter “instant apartment houses”) from the Kimpo-si market.

B. The Plaintiff (Appointed Party), the Plaintiffs, and the designated parties (hereinafter collectively referred to as the “Plaintiffs”) concluded a balcony expansion contract with the Defendant to purchase the instant apartment as shown in the attached Table 1 (hereinafter referred to as the “instant apartment sales contract”), or took over the status of the buyer from the initial buyer, and paid the Defendant the down payment, intermediate payment, and the amount of the price of the balcony expansion as indicated in the same list.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 2, 10 evidence (hereinafter referred to as "branch number omitted"), Eul's entry of evidence No. 1, the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. Main Claim: (i) At the time of the conclusion of the instant sales contract, the Defendant made an implied agreement between the buyers of the instant apartment complex and the Defendant on the contents of the instant sales contract, as seen below, with regard to the earthquake-proof design of the instant apartment complex, including newspapers (Evidence No. 3), sales guidance leaflets (Evidence No. 5), advertising books (Evidence No. 1), supply guidance books (Evidence No. 10), and supply guidance books (Evidence No. 10), as well as the above contents of the instant sales contract, as follows. However, the Defendant, as the head of the instant sales advertisement, by advertising the instant apartment complex with the content of the instant sales contract.

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