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(영문) 서울남부지방법원 2018.09.20 2017가합114468

양수금

Text

1. The Plaintiff:

A. The Defendant (Appointed Party)’s 304,476,00 won and its related thereto from August 18, 2010 to September 17, 2010.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) and E Co., Ltd. (hereinafter “E”) are a project implementer who implemented a sale project for G apartment (hereinafter “instant apartment”) and I block (E) within the F Urban Development Zone.

B. On July 8, 2009, J concluded a contract with D to purchase H block K (hereinafter “K”) of the instant apartment unit in KRW 869,930,00 (hereinafter “K unit sales contract”).

On September 10, 2009, the designated parties C (hereinafter referred to as the “C”) entered into a contract to succeed to the rights and obligations of the J on the K-ho Sales Contract with the J on September 10, 2009, and the Defendant (Appointed Party; hereinafter referred to as the “Defendant”) again entered into a contract to succeed to the rights and obligations of the C on the K-ho Sales Contract.

D approved each succession contract.

C. On September 29, 2009, C entered into a contract with E to purchase the instant apartment unit IB L (hereinafter “L”) at KRW 725,070,000 (hereinafter “L sale contract,” and “each of the instant sales contracts” collectively referred to as “K and L sale contracts”).

According to each sales contract of this case, the buyer shall pay the balance of the sales price by the end of the period of occupancy designation notified by the developer, and where the payment of the balance is delayed, the buyer shall pay damages for delay for the balance at the rate fixed for each overdue period (the following table).

Not more than 1.72 months less than 1.72 months less than 1.72 months, but not more than 14.72 months less than 15.72 months but more than 16.72 months;

D. On April 5, 2010, D determined and notified the Defendant of the occupancy designation period by August 17, 2010, and E determined and notified the occupancy designation period to C by December 3, 2010.

Until now, the defendant did not pay the remainder of Kho Lake 304,476,00 won, and C did not pay the remainder of Lho Lake 253,775,00 won.

(e) D and E are included in the Korea Development Bank on April 28, 2010, including the Defendant and C;