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(영문) 의정부지방법원고양지원 2015.08.27 2011가합13357
계약금 등 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Cheong-gu Office on June 25, 2015

Reasons

1. Basic facts

A. The plaintiffs are several buyers who purchase Q apartments located in the P block located in the urban development project zone (hereinafter referred to as the "food development project zone") located in Yongsan-gu, Busan-gu, Busan-si (hereinafter referred to as the "food development project zone"), and the relevant households indicated in the "number of buildings and units" in the attached Table 1, among Q apartments (current Goyang-gu R apartments in Ilyang-gu, Busan-gu, and hereinafter referred to as the "instant apartment

(Plaintiff D comprehensively succeeded to the status of the sales contract from S on May 20, 2010 with the consent of the Defendants. The Defendants are the executing company of the new construction and sale of the instant apartment, and the Defendants’ Intervenor N is the trustee in bankruptcy of the M&D Co., Ltd., the construction company of the instant apartment construction (the bankruptcy declaration of April 16, 2014).

B. 1) The Plaintiffs concluded a sales contract with the Defendants for the instant apartment as indicated in the attached Table 1’s “number of units sold”, “total sale price”, and “the date of conclusion of the contract” (hereinafter “each sales contract of this case”).

(2) The Plaintiffs paid the down payment to the Defendants, such as the “payment date” and the “amount” indicated in attached Table 2 attached hereto. The specific amount of down payment and intermediate payment is as indicated in attached Table 2.

The Plaintiffs paid only the first down payment of KRW 10 million among the down payment, and the remainder of the second down payment (the “amount” stated in attached Table 3 table 1) was borrowed and paid from the Defendants.

3 The Plaintiffs paid the first-six intermediate payments to the Defendants, as indicated in the “payment date” and “amount” in the attached Table 2 attached hereto.

The Plaintiffs received a loan from a new bank from the first to the sixth intermediate payment, and the Defendants jointly and severally guaranteed the loan obligation.

Afterwards, the Defendants have paid interest on the plaintiffs' loans to the new bank.

C. The Defendant cancelled each of the instant sales contracts on the corresponding date of cancellation of the contract in the attached Table 3 for reasons of the delay of the Plaintiffs’ remainder.

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