분양대금반환 등
1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked.
2. The plaintiffs' claims against the defendants are all satisfied.
1. The reasoning of the judgment of the court of first instance and its modification in this case are as follows, except for the following changes, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
In the first instance judgment, from the bottom of the 48th to the 49th day above, the following is changed. (i) Defendant Korea Asset Trust Co., Ltd. (hereinafter “Defendant Korea Asset Trust”) shall set off a defense against the damage claim against Defendant Korea Asset Trust against the Plaintiffs by using the remainder of the sale price claim against the Plaintiffs as the automatic claim.
The following facts are either disputed between the parties, or acknowledged by Gap evidence 1, Eul evidence 13 and 14, and by the purport of the whole pleadings.
① On February 4, 2010, Plaintiff A entered into a sales contract with Defendant Korea Asset Trust on the instant apartment No. 203 701, the remainder shall be paid on the date of designation of occupancy; and the overdue rate is the overdue rate calculated by applying the weighted average credit interest rate of the Bank of Korea pursuant to the sales contract at 15.95%, which is the case of Plaintiff B.
The decision was set as follows.
Plaintiff
B concluded a sales contract with Defendant Korea Asset Trust on November 3, 2009 on the apartment 206 dong 2205 of the instant apartment 206 dong 2205 and paid the remainder on the designated date of occupancy, and the overdue rate was 15.96%.
② The Defendant Korean Asset Trust notified the Plaintiffs of the occupancy period from August 30, 2012 to November 30, 2012 as the occupancy period. However, the Plaintiffs did not pay the remainder of the sale price (Plaintiff A98,070,000, Plaintiff B101,143,780 won) to the Defendant Korean Asset Trust without the occupancy by November 30, 2012, which is the expiration date of the occupancy designation period.
As seen earlier, Defendant Korea Asset Trust is obligated to pay Plaintiff A KRW 16,315,00 as damages, and KRW 16,820,000 as damages, to Plaintiff B.
On the other hand, with the balance of the sale price, the Plaintiff A paid KRW 98,070,00 for the Defendant Korean Asset Trust.