분양대금반환 등 청구의 소
1. The Defendant’s KRW 494,113,474 as well as the Plaintiff’s annual rate of 6% from September 22, 2016 to February 10, 2017.
Facts of recognition
On May 25, 2014, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendant, a company that runs the housing construction and sales business, etc. on May 25, 2014, setting the sales contract as “480 million won and the end of February 2015,” with respect to subparagraph 1 (hereinafter “instant housing”) of 51 Dong C building (hereinafter “instant housing”) of the building that was newly constructed on the ground B at the time of harmony.
On May 19, 2014, the Plaintiff paid KRW 1 million to the Defendant, KRW 20 million on May 28, 2014, KRW 27 million on May 28, 2014, and KRW 30 million on December 31, 2015, respectively.
As the completion of the instant housing was delayed, the Plaintiff moved into the instant housing without obtaining approval for use on November 23, 2015, and on March 23, 2016, agreed with the Defendant (hereinafter “instant agreement”) as follows.
The Plaintiff shall pay the remainder to the Defendant by March 31, 2016, and the Defendant shall transfer the ownership of the instant housing to the Plaintiff.
The defendant sells the instant house to a third party under his/her responsibility until July 15, 2016, or re-transfer it to a third party under his/her responsibility, and pays to the plaintiff the purchase price or transfer price of KRW 480 million.
If the defendant fails to observe the above deadline, the damages for delay calculated at the rate of 10% per annum shall be paid in addition to the above deadline.
When the plaintiff receives a bank loan in order to pay the purchase price, all expenses, such as interest on the loan and registration tax incurred when transfer of ownership, etc., shall be repaid by the defendant after the plaintiff paid by the plaintiff.
Expenses incurred in relation to paragraphs (1) through (3) above shall be borne by the defendant.
On March 29, 2016, according to the instant agreement, the Plaintiff paid the Defendant a loan of KRW 3220 million to Suhyup Bank, etc., and completed the registration of ownership transfer in the name of the Plaintiff regarding the instant housing on the same day.
The Plaintiff shall provide the above loans in the above process.