(영문) 서울중앙지방법원 2017.03.30 2015가합577052

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(영문) 서울중앙지방법원 2017.03.30 2015가합577052

손해배상(기) 등 청구의 소

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1. Defendant D, E, and F are jointly and severally and severally liable for 118,00,000,000 won for each of the plaintiffs A and B, and 63,00,000 won for each of the plaintiffs C and the above.

Reasons

1. Basic facts

A. The parties concerned are those who have concluded a sales contract with the Defendant Company for the building J-gun, Chungcheongnam-gun (hereinafter “instant officetel”), and Defendant E is the representative director of the Defendant Company, and Defendant F is the inside director of the Defendant Company.

B. On December 11, 2012, Plaintiff A and B concluded a sales contract with Defendant E, which became aware of as the introduction of Defendant H on December 2, 2012, to the effect that “the Defendant Company intends to build and sell the instant officetel. The initial 90 million won per household is causing two households each at KRW 59 million, and if two households are sold within three months each at a normal selling price of KRW 90 million, then to realize gains by disposing of each unit of KRW 90 million each at a normal selling price of KRW 3 months.” On December 11, 2012, Plaintiff A and B concluded a sales contract with Defendant Company with two households at KRW 59 million each of the instant officetels as to each of the instant units. The main contents of the sales contract and special agreement are as follows:

1. Contract under the condition of the parcelling-out right;

2.The present contract shall fix the number and size of housing units and area at the time of completion of the construction of the 3rd floor structural frame (the fourth floor area) with the determination of the drawings, and shall pay any balance.

3. The number of houses shall be (tentatively named), (tentatively named), 713, 714, 715, 716 (Nam/Namwest) designated.

4. The sale price shall be increased or decreased in line with the usual number.

5. The balance shall be KRW 44 million.

6.If the aggregate of the third floor is not completed within two months of the date of this contract, or the construction is not completed by the last day of 2013, the amount of the down payment shall be compensated.

7. The balance shall be the payment place within five days after the completion of the construction work for the aggregate of the third floor of the object;

2 Pursuant to each of the above sales contracts, Plaintiff A shall pay the Defendant Company and the down payment on December 11, 2012.

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