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(영문) 서울중앙지방법원 2018.08.29 2018가합518474
분양대금반환 청구
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant G Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) is an executor of the new construction and sale business, and Defendant F is a trustee of the said business and entered into a sales contract with the buyer as a trustee of the said business.

B. The Plaintiff A, B, C, and J entered into a sales contract with Defendant F on some of the first floor of the instant building as indicated below.

(1) Each of the above contracts (hereinafter referred to as "each of the above contracts") 1 A. 1.6. 1,11,000,000 K 111,100,1000,1111,1000,1000 k 111,100,1000 222,200,200 2 B B B 18,259,000 L 125,90,000,000 125,90,000,2590,2590,250,2000,251,251,800,000,251,80,000,251,800,000,251,80,000,000, 300,000,003 J, 29, 3014,0030,304

C. The contents of each of the instant sales contracts are as follows.

Article 1(2)(B) of the Sales Facility Supply Contract (Cancellation of Contract) "B (Buyer)" may cancel this contract in any of the following cases due to a cause attributable to A (Defendant F).

2. Where the defect in sales facilities reaches the extent that it is impossible to achieve the purpose of the contract due to serious difficulty in repairing;

3. Where the contract contents and the actual construction structure are remarkably different from those through the advertisement for sale in lots, etc., leading to the extent that the purpose of the contract is impossible to be achieved;

5. Where the contractual purpose cannot be achieved due to a breach of other important terms of the contract, Article 2 (Penalty) (2) where the contract is rescinded or terminated, Article 2 (Penalty)" shall be refunded to "where the contract is rescinded or terminated," "as regards the payment excluding penalty under paragraph 1 of this Article out of the payment already made."

Provided, That the above return amount shall be the lending financial institution.

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