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(영문) 서울동부지방법원 2020.09.24 2019가단18168

분양대금 등

Text

Of the counterclaim of the Defendant-Counterclaim Plaintiff, the part of the claim for cancellation of the sales contract is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

1. Facts of recognition;

A. The Plaintiff completed a report on the change of the owner on March 16, 2016 with respect to the building permit for the 1,303m2m2 square meters in Seopopo-si, Seopopo-si, and implemented the construction project of “F” officetels of the 10m2 above ground (hereinafter “instant officetels”).

B. On July 26, 2016, the Plaintiff concluded a contract with the Defendant for the sale of the instant heading E (hereinafter “instant heading E”) among the instant heading (hereinafter “instant sales contract”) with the following terms (hereinafter “instant heading E”).

The indication of property: E-Ba BYPE, Article 1 of Jeju Special Self-Governing Province, which is located in D, shall be paid to Gap (referring to the plaintiff) in addition to the late payment charge calculated by applying the rate of 17% per annum to the number of days elapsed when the agreed payment date has elapsed due to the delay in the payment of intermediate payment or balance.

Article 7 (Transfer of Ownership) (2) A shall notify B of the completion of the public book adjustment immediately, and B shall complete the transfer of ownership at the expense of B within 60 days from the date on which the registration of ownership preservation is completed, and all damages, such as administrative fines, etc. incurred by B due to delay in the transfer of ownership shall be borne in full by B.

Article 9 (Liability for Taxes and Public Charges, etc.) (1) Taxes and public charges on the indicated property shall be borne by A until the expiration date of the payment due date of the balance notified by A, and such taxes and public charges shall be borne by A regardless of the payment due date of the balance.

§ 19. 【Other matters】 (1) confirm that “B” is clearly aware of the matters set forth in the following subparagraphs, and no objection shall be raised in the future:

In the case of a specific lake according to the arrangement of buildings, the location of each structure and lake, the direction and floor, the right to sunshine and view by neighborhood living facilities, business facilities, etc.