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(영문) 인천지방법원 2015.12.24 2014가합4633
분양대금반환
Text

1. The Defendant: 114,946,400 won to Plaintiff A; 78,016,000 won to Plaintiff B; 84,800,000 won to Plaintiff C; and 42.

Reasons

1. Basic facts

A. The Defendant is a company running the business of newly constructing and selling G buildings (hereinafter “instant building”) on the ground (hereinafter “instant site”) on the land of 2,089 square meters in Nam-gu, Incheon Metropolitan City (hereinafter “F”) (hereinafter “instant site”) and the Plaintiffs are the following persons who concluded a sales contract with the Defendant for the instant building:

B. On each of the following day, the Plaintiffs entered into a sales contract with the Defendant to pay each of the relevant stores indicated in the column of the “sale store” of the instant Table among the instant buildings at around September 2009, and as a consideration therefor, to the Defendant to pay each of the money indicated in the “total supply amount” of the said Table (hereinafter “each of the instant sales contracts”).

In addition, the Plaintiffs and the Defendant determined that the sales contract of this case may be rescinded in a case where the salesroom occupants delayed for more than three months from the beginning scheduled date of the sales contract due to the Defendant’s fault.

The plaintiff 1 A. 64, 195,040,000 on November 28, 2008 39,640,640,000 on November 72, 208, 37,969,200,37,969,969,2000, 705, 938, 402 B, 002, 63, 195,040,000 on August 29, 2008, 195,000,000 on August 1, 2008, 208, 195,004, 195,004,000 on August 1, 208, 2008, 194, 2004, 2004, 2004, 308, 008, 308, 3008, 2004

C. The Plaintiffs paid the down payment or the first intermediate payment to the Defendant in accordance with each of the instant sales contracts.

Meanwhile, the Plaintiffs delayed the construction due to disputes arising from the payment of the construction cost between the Defendant and the Han River Construction Co., Ltd., the contractor of the building of this case.

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