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(영문) 부산지방법원 2017.04.28 2016가단348863
계약금 반환
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

Basic Facts

During the period from June 2015 to July 201 of the same year, Plaintiff A entered into each sales contract with respect to the 1st floor C105 and C106, Plaintiff B with respect to the 1st floor C102 and B104, Plaintiff C with respect to the 1st floor B102, and Plaintiff D with respect to the 1st floor B108.

(hereinafter “instant sales contract”). The instant sales contract is written by the trustee and the seller as the trustee and the seller, and the truster and the beneficiary of the Defendant Dong Busan Holdings Co., Ltd., Ltd., the truster and the beneficiary of the instant sales contract, respectively, and Sejong Construction Co., Ltd., Ltd.

At the time, the place of advertisement for sale is indicated with the words such as “the determination of the saleroom occupants of entertainment planning company” and “the regular performance and drama photographing.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including the number of branch numbers) and the plaintiffs' assertion to the purport of the whole argument as to the purport of the whole argument in the sale of the commercial building of this case, the defendants agreed that the entertainment planning company's sale of the commercial building of this case is scheduled to conduct regular performances and drama photography, and the surrounding areas can be activated and leased can be sufficiently and the defendants can rent the commercial building actively sold.

However, although around July 2016, the commercial zone around the commercial building of this case has not been formed properly, it is expected that the rent for six months will not be possible in fact.

Therefore, the Plaintiffs cancel the instant sales contract on the grounds of the Defendants’ deception and seek the refund of some of the sales amount already paid.

Judgment

Therefore, according to the result of the fact-finding on whether the Defendants committed deception, as alleged by the Plaintiffs, the following: (a) the statement of No. 1, and the fact-finding on the F Co., Ltd. (hereinafter “F”), according to the overall purport of the pleadings, it can be recognized that F, an entertainment planning company, entered into a sales contract around July 17, 2015; and (b) the said sales advertisement is false.

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