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(영문) 서울중앙지방법원 2020.11.25 2019가합572932
분양대금반환 등
Text

1. The Defendant: (a) KRW 116,280,00 for Plaintiff A; and (b) KRW 80,300,000 for Plaintiff B; and (c) for each of them, from September 10, 2019 to September 20.

Reasons

1. The defendant as the parties to the basic facts is the executor of the new apartment building and uniting-out project for the building and uniting-out of the apartment building outside Ulsan-gu D (hereinafter "the apartment of this case").

Plaintiff

A is the buyer who purchased the instant apartment Fdong G from the Defendant, and the Plaintiff B is the buyer who purchased the instant apartment Hdong subparagraph 1.

B. 1) The Plaintiffs entered into a supply contract with the Defendant that the Plaintiffs purchased each unit of the apartment of this case from the Defendant to the amount indicated in the “sale price” column as indicated below (hereinafter “instant supply contract”).

Upon entering into the above supply contract, Plaintiff A entered into a balcony extension contract, options supply contract, and Plaintiff B entered into a balcony extension contract. F/G 36,000,000,000 36,60,000,256,200,000 (China loan 219,60,000,000) on November 24, 2016, the balance of the down payment of the down payment of the purchase price of the above / Hoh water C 36,60,000 B B B on February 26, 2016, the major contents of the instant contract are as follows:

Article 2 [Cancellation of Contract] (3) The term "B" may cancel this contract where it is impossible to move into due to a cause attributable to "A".

Article 3 (Penalty and Compensation for Damages) (1) When this contract is terminated for reasons falling under Article 2 (1) 1 through 5 and Article 2 (2), the down payment shall be reverted to “A” as penalty for breach of contract.

(2) When this contract is terminated for reasons falling under Article 2(3), “A” shall pay the down payment to “B” as penalty.

3 After the conclusion of the instant supply contract, the Plaintiffs paid the intermediate payment by means of partial intermediate payment loan, and Plaintiff B’s intermediate payment loan, following the conclusion of the instant supply contract:

balconium expansion costs;

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