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(영문) 대구지방법원김천지원 2019.05.10 2018가합16761
분양대금 반환 등
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is an executor who sold the Gu, Si, Si, I apartment (hereinafter “instant apartment”) in lots.

The Plaintiffs are the parties who concluded a sales contract (hereinafter “each of the instant sales contracts”) with the Defendant regarding the same subparagraph as indicated in the attached Table “Dong/Dong number” among the instant apartment buildings at each date indicated in the attached Table “contract date” with the Defendant.

The Plaintiffs, on the day of the contract, deposited the down payment as indicated in the attached Table “C” column, and deposited the intermediate payment as indicated in the attached Table “C” column into the account designated by the Defendant on the date indicated in the “final Date of Payment” column at the bottom of the contract, and deposited the construction cost, such as the expansion of balcony in the attached Table “extension” column, into the lower date of payment.

B. Each contract for sale in this case contains the following contents:

▣ 입주예정일 : 2018년 8월 중(공정에 따라 변경될 경우 추후 개별 통보키로 함) 본 아파트의 입주일은 공사 진행결과에 따라 단축될 수 있으며 이 경우 미도래된 중도금과 잔금은 실입주일 이전에 납부해야 하며 선납할인은 적용하지 않고, 입주예정일 단축에 따른 이의를 제기할 수 없다.

Article 2 (Cancellation of Contracts) (3) The Plaintiffs may cancel this contract in any of the following cases due to the reasons attributable to the Defendant:

1. Where occupancy is delayed for more than three months from the scheduled date of occupancy;

C. On September 19, 2018, the Defendant obtained temporary approval for the use of the instant apartment from the old and American mayor for the use of the housing construction project from September 19, 2018 to October 31, 2018.

On November 2, 2018, the Defendant re-application for temporary approval for the use of the instant apartment to the head of the Gu/U.S. on November 2, 2018. However, the period of temporary approval for the use of the instant apartment is until December 31, 2019, where the temporary approval for the use was not immediately made due to the defects of the instant apartment, related civil petitions, etc.

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