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(영문) 인천지방법원 2018.08.17 2017가합54264
청구이의
Text

1. The Seoul High Court (Seoul High Court), 2013Na23688, 2013Na23695, decided July 10, 2014, against the Defendants’ Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant apartment contract, etc. on the ground of Q block Incheon Metropolitan City (hereinafter “instant apartment”) which is a multi-family housing of 1,628 households on the ground of Q block.

A) A new construction project is conducted and a new construction project is conducted. The Defendants are several buyers who concluded each sales contract with the Plaintiff for the apartment of this case (the specific details of the sales contract by the Defendant are as follows: “sale contract date”, “Dong”, “Dong number”, and “sale price” in the attached Table 2 of the damage claim list;

The sales contract of this case is collectively referred to as "the sales contract of this case".

(2) The remaining Defendants except Defendant G, N, andO entered into an option construction contract with the Plaintiff in addition to the instant sales contract.

The Defendants agreed to apply the interest rate in arrears in the following table to the Plaintiff when paying the remainder of the sale price and the option construction cost to the Plaintiff by the expiration date of the occupancy designation period.

The Plaintiff completed a pre-use inspection on the instant apartment on October 26, 2012, and notified the Defendants of the designation period of occupancy to fully pay the sales price and to move into an apartment house with the payment period fixed from November 3, 2012 to December 31, 2012. However, the Defendants did not pay the remainder of the sales price and options after December 31, 2012, the expiration date of the designation period of occupancy to the Plaintiff from December 31, 2012 to December 31, 2012. However, the Defendants received loans from the financial institution under the instant sales contract to the Plaintiff, excluding Defendant G, for the remainder of the sales contract and options payment from December 31, 2012 to December 31, 2012.

The remainder of the sale price that the Plaintiff has against the Defendants,

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