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(영문) 서울남부지방법원 2011.04.14 2010가합21567
발코니확장비반환
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 Plaintiffs, excluding Plaintiff A, D, H, I, L, M, and P, succeeded to the status of the buyer of the instant apartment as of each date indicated in the “contract Date” column in the attached Table 1 list between the Gyeonggi-do Si Development Co., Ltd. or the Sim-si Industry Development Co., Ltd. (hereinafter “Co., Ltd.”), and the buyer of the instant apartment as indicated in the same list of Gyeonggi-si AA and 15 lots of land, AB, and AC apartment (hereinafter “instant apartment”), and the buyer of the instant apartment as indicated in the same list of household units as indicated in the attached Table 1, and the buyer of the sales contract concluded with each household in the same list of the instant apartment units as indicated in the “Contract Date” column in the attached Table 1.

(hereinafter referred to as “instant sales contract”). B.

Plaintiff

The Plaintiffs, other than D, H, I, L, and M, entered into a balcony expansion contract with the Defendant to extend the balconys of each household in the same list of the instant apartment units, as indicated in the “contract Date” in the attached Table 2, to the respective amount indicated in the “supply Amount” column in the same list of the apartment units, and the Plaintiff D, H, I, L, and M succeeded to the status of the purchaser of the balcony extension contract concluded with each household in the same list of the instant apartment units as indicated in the attached Table 2 on each date indicated in the “Contract Date” column.

(hereinafter referred to as “instant contract for the expansion of balcony”).

The sales contract of this case may cancel the Gyeonggi-do City Development or Escurfi Industrial Development, and the Jinsan Construction Co., Ltd., the contractor, in case where the buyer delayed the payment of the intermediate payment or the balance, etc. violates the sales contract of this case. In this case, the right of rescission and penalty that 10% of the total value of supply belongs to the project developer or the contractor as a penalty.

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