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(영문) 서울중앙지방법원 2019.05.22 2018가합529238
분양대금반환 등
Text

1. For the plaintiffs:

A. Defendant L Co., Ltd. shall pay each amount indicated in the “claim amount” table of the claim amount sheet in attached Form 2.

Reasons

1. Basic facts

A. The Defendant L Co., Ltd. (hereinafter “Defendant L”) is a company that newly constructs and sells the 7th underground floor, 18th ground floor, and 664 units of Otel (hereinafter “instant officetel”) on the N in Silung-si N, and the Defendant M Co., Ltd. (hereinafter “Defendant M”) is a trustee that received a sale management trust from the Defendant L.

B. The Plaintiffs entered into the sales contract for some households of the instant officetel as shown in the attached Form 1 sales contract sheet with Defendant L (hereinafter “each sales contract of this case”) and Defendant M affixed the sales contract of this case as the sales management trustee.

C. Of the contents of each contract for sale in this case, the following parts are applicable to this case.

Article 10 (Cancellation of Contracts) of the scheduled occupancy date scheduled January 2018 (the scheduled occupancy date after approval for use, the scheduled occupancy date may be changed according to the process, and the accurate occupancy date shall be later notified) (4) The plaintiffs may cancel this contract if they are unable to move into within three months from the scheduled occupancy date due to reasons attributable to the defendant L.

(Provided, That if the occupancy is delayed due to force majeure, such as natural disasters or administrative orders unrelated to the cause attributable to the Defendant L, the Plaintiffs cannot request the Defendant L to cancel this contract due to such cause). Article 11 (Penalty and Refund)(2) When the contract is terminated due to a cause falling under Article 10(4), the Defendant L shall pay 10% of the total supply price to the Plaintiffs as penalty.

(3) Where this contract is terminated, Defendant L shall refund to the Plaintiffs an amount excluding the amount calculated by adding the principal and interest on the repayment when the defendant L or the defendant M or the defendant M or the Si corporation makes a substitute payment for the amount already paid (where there is a person liable to pay in advance, the amount after deducting the amount of advance payment from the amount of advance payment), and the principal and interest on the loan, the interest on the substitute, and

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