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(영문) 서울중앙지방법원 2016.01.22 2015가단143711

분양대금

Text

1. As to KRW 127,224,378 and KRW 107,898,00 among the Plaintiff, the Defendant shall from January 1, 2013 to January 30, 2013.

Reasons

Facts of recognition

A. The pertinent Plaintiff is a contractor and a contractor of the business that newly constructs and sells the apartment of Incheon Metropolitan City C (hereinafter “instant apartment”) and the Defendant is the buyer of the instant apartment.

B. The Plaintiff and the Defendant’s sales contract, etc. 1) The Plaintiff entered into a sales contract or options construction contract with the Defendant on November 4, 2009 for the instant apartment 109 1702, with the sales contract with the amount of KRW 328,180,00 on November 4, 2009, and for the balcony expansion option contract with the construction cost of KRW 10,328,00 on May 30, 2010. According to each of the above contracts, the Defendant paid interest on the remainder of the sales price of KRW 99,630,00 on the purchase price and the remainder of the options construction price of KRW 8,268,00 on the part of the intermediate payment and the remainder of the options construction price of KRW 8,200 on the part of the intermediate payment until the expiration of the occupancy designation period (the Plaintiff paid interest by the date of the pre-use inspection on the part of the month

(2) At the time of arrears, the Plaintiff shall pay the interest rate on the instant apartment on October 26, 2012, and the Plaintiff shall complete the inspection for the use of the instant apartment on the date of arrears, and notify the Defendant that the period for the designation of the occupancy should be paid in full and at the same time, by setting the period from November 3, 2012 to December 31, 2012, the period for the designation of the occupancy shall be 5.96% per annum 5.96% per annum 31 to 90% per annum 8% per 96% per 90% per 93.96% per 96% per 91 to 90%.

3) The Plaintiff asked the Defendant to receive an intermediate payment from one bank in accordance with the above sales contract, and paid 19,326,378 won as interest by November 15, 2012. [Grounds for recognition] The Plaintiff did not dispute any dispute, and Party A’s evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply) (including each number)

According to each description of this Court, the order of submission of financial transaction information to the head of the office of Han Bank Incheon Airport, the head of the office of branch office of Han Bank, Incheon Airport, and the facts of recognition of the purport of the entire pleadings, the defendant is 127,24.