beta
Text
The plaintiffs' claims against the defendants are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D Co., Ltd. (hereinafter “Defendant D”) concluded a trust contract and constructed and sold the building E (hereinafter “instant building”) at the Southern-si.
B. On April 16, 2018, Plaintiff A entered into a sales contract with the Defendants on the dormitory F in the instant building (hereinafter “instant dormitory”). On April 27, 2018, Plaintiff B entered into a sales contract with the Defendants on the instant dormitory G.
Each contract for sale in lots is written with the following contents:
Article 11
3.B may rescind this Agreement in any of the following cases due to a cause attributable to A:
2. Where the defect in the real estate sold in lots reaches the extent that it is impossible to achieve the purpose of the contract due to the significant difficulty in repairing the defect in such real estate) where the contents of the contract and the difference between the actual construction and the matters in the contract through the advertisement for sale in lots, etc. reaches the extent that it is impossible to achieve the purpose of the contract due to a significant disparity,
4. Upon termination of a contract pursuant to paragraphs 1 to 3, A shall pay to B an amount equivalent to 10% of the sale price (including value added tax).
C. Plaintiff A paid the down payment of KRW 10,710,00, and Plaintiff B paid the down payment of KRW 10,450,000, respectively, and the Plaintiffs paid the intermediate payment under Defendant D’s guarantee.
The Defendants obtained approval for the use of the instant building on November 29, 2019 and notified the buyer of the occupancy designation period (the expiry date: January 13, 2020) to the buyer.
Plaintiff
B repaid an intermediate payment loan by remitting KRW 41,829,304 on January 29, 2020, but the Plaintiff A did not repay an intermediate payment loan.
The plaintiffs did not pay any balance after they did not move into.
E. At the time of the above sales contract, Plaintiff A works as the head of the instant building sales unit.