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(영문) 울산지방법원 2015.10.14 2013가합139
분양대금 등 반환
Text

1. The defendant's money stated in the separate sheet No. 1 in the "total amount of figures" in the separate sheet No. 5 to each plaintiff as stated in the separate sheet No. 1.

Reasons

Basic Facts

The defendant is a business entity that newly constructs and sells D shop in Ulsan-gu, Ulsan-gu (hereinafter referred to as the "instant commercial building"), and the plaintiffs are people who have concluded a sales contract with the defendant for the instant commercial building.

The location condition of the instant commercial building and its surrounding environment were planned as one of the facilities within the E-Distribution Logistics Complex, and the F Distribution Center (construction completion around February 2009), G (construction completion around May 2006), H Trading Complex (construction completion around March 2007), I (construction completion around March 2007), etc. constitute the said distribution logistics complex.

The Defendant also constructed a logistics warehouse (hereinafter “instant warehouse”) behind the shopping mall of this case, and the warehouse of this case was originally planned to be one building with the size of 13,680.57 square meters (4,100 square meters) and 80 outdoor parking spaces. However, around June 3, 2009, the Defendant voluntarily withdrawn the application for the existing construction permit on the warehouse of this case and subsequently constructed and sold the warehouse of this case on January 9, 2010, and accordingly, the warehouse of this case was constructed and sold.

The sales rate of the commercial building of this case was 14% around April 2009, as the Defendant’s plan for the sale of this case’s commercial building’s investment chilling, the burden of sales price due to the aggravation of competition, and the financial cost for the initial down payment and intermediate payment loans by the end-user.

Accordingly, around April 13, 2009, the defendant prepared a detailed implementation plan to revitalize the sale of the commercial buildings of this case.

Modification of the sale contract terms

1. Object of interest without interest on intermediate payments: Professional price and method of selling in lots - Interest on intermediate payments (including existing contractors) paid by the Corporation to the seller in Korea: Provided, That in cases of a logistics warehouse, if the seller in lots files an application for a loan exceeding 45% of the sale price, the excess amount shall be applied;

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