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(영문) 수원지방법원 2019.05.22 2018가합17733

분양대금 반환 등

Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 150,133,916 and its payment from July 3, 2018.

Reasons

1. Basic facts

A. The Defendant is the executor of the business that newly constructs and sells accommodation facilities “D” on the land outside Seopo-si, Seopo-si, Jeju Special Self-Governing Province (hereinafter “instant hotel”).

B. The Plaintiff concluded each sales contract (hereinafter “each sales contract of this case”) with the Defendant to purchase four rooms among the hotel of this case, and paid the down payment and intermediate payment accordingly.

Serial 1 E, the sale price paid for the sale price on the date of concluding a contract for the subject matter of sale, shall be KRW 46,90,930, KRW 46,930, KRW 46,90, KRW 542,490, KRW 67,771, and KRW 246 KRW 20, September 135, 2015, KRW 135,542, KRW 490, KRW 67,771, and KRW 246 KRW 4 H 46 on September 135, 2015, KRW 57,492, KRW 67,771, and KRW 246 on September 135, 2015, KRW 542,490 on September 135, 205, KRW 67,71,246, KRW 240, KRW 250,223,240.

C. According to each of the instant sales contracts, the contract deposit (10%) is at the time of the contract, the intermediate payment (60%) is divided into five times, each due date and each balance (30%) is paid on the transfer date of the object of sale, and the transfer date of the object of sale is at the time of the contract, and the transfer date of the object of sale is at the time of July 2017 (if changed according to the process, then the individual notice is later). The parts related to each of the instant sales contracts are as follows.

Article 5 (Procedures for Taking over and Taking over Objects Sold)

1. A (the defendant, hereinafter the same shall apply) shall notify B (the buyer, hereinafter the same shall apply) of the date of transfer of the object of sale by 30 days before 30 days;

2. B shall pay in full the sale price and overdue interest thereon within the prescribed period, and submit all the documents required by A.

Article 6 (Advance Interest and Advance Payment)

1. Where Eul fails to pay the intermediate payment or the balance, it shall apply the overdue interest rate of 18% per annum to the amount of the arrears and pay Gap;

Provided, That the number of days in arrears of the remainder shall be calculated from the 30th day after the date of transfer of the object of sale.

4. A may, even during the payment period of intermediate payments, designate the date of transfer of the object to be sold, and notify B not later than three months prior to the expiration of the said period.