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(영문) 서울중앙지방법원 2012.08.24 2011가합5153

분양대금 등

Text

1. The Defendant (Counterclaim Plaintiff) shall:

A. Plaintiff (Counterclaim Defendant) Co., Ltd.: KRW 69,628,204 and its corresponding amount on December 22, 2011.

Reasons

1. Determination as to the Plaintiff A’s principal lawsuit and the Defendant’s counterclaim

A. On October 20, 2003, the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd”) concluded a sales contract (hereinafter “instant sales contract”) with the Defendant by setting the sales price of KRW 284,912,00 with respect to the eight-story A 11 on the ground of Seongbuk-gu Seoul and 19 Lots E (hereinafter “instant building”) that the Plaintiff newly built with the Defendant (hereinafter “instant sales contract”). < Amended by Presidential Decree No. 12091, Oct. 20, 2003; Presidential Decree No. 1284,879,00 won for the building site of KRW 149,121,000, value-added tax of KRW 14,912,000 for the building site.

Between December 31, 2003 and October 20, 2004, the above payments amounted to KRW 176,912,000, and KRW 27,000,000 for four occasions during the period from August 20, 2006, and KRW 27,00,000 for the last five payment on August 20, 2006, and for three months prior to the occupant.

From October 20, 2003 to April 20, 2010, the Defendant paid KRW 221,219,235 out of the sales price to the Plaintiff.

On the other hand, on February 14, 2011, the registration of ownership transfer was completed in the defendant's store.

(2) The instant sales contract does not indicate the sales area of the instant store.

Plaintiff

The Company prepared an individual sales ledger concerning the instant store and delivered a copy thereof to the Defendant. The Company stated that “exclusive use: 23.430 square meters, residential public use: 4.140 square meters, and other public use: 7.380 square meters, and parking lots: 14.860 square meters, and 4.060 square meters,” in the indication column for the sales area in the said sales ledger.

Since then, the individual sales ledger of the same content was attached to the change of the deposit account and the part payment guidance sent by the plaintiff company to the defendant.

(3) On the other hand, the collective building ledger on the instant store is written on the aggregate building ledger as “10.14 square meters for the entire area, corridor, ESCAL, toilet part 17.02 square meters for the common area, 14.1 square meters for the underground parking lot part, machinery/electric room, coaches, and 7.04 square meters for the entire area,” and each land which is the object of site ownership on the registry on the instant store.