소유권이전등기의무부존재 확인청구의 소
1. The Plaintiff’s Defendants based on the sales contract concluded on September 27, 2005 with respect to each real estate listed in the separate sheet.
1. Basic facts: ① 10% of the down payment is paid on the day of the contract. ② The 10% of the first intermediate payment is paid on the day of the contract. ③ Payment within 20 days after the completion of the designation of the district and the approval of the development plan. The 30% of the second intermediate payment is paid within 20 days after the completion of the approval of the implementation plan. The 30% of the third intermediate payment is paid upon the application for authorization of
A. On September 27, 2005, in order to promote apartment construction and sales business, non-comprehensive engineering companies (hereinafter “unaccompanied”) and Nice Construction Co., Ltd. (hereinafter “Nice”) entered into a contract with the Plaintiff to purchase each real estate listed in the separate sheet owned by the Plaintiff at KRW 90,324,195,000 (hereinafter “instant sales contract”) and agreed to pay the purchase price in installments as follows.
B. On September 27, 2006, Song-tae transferred the status of purchaser based on the instant sales contract to the Defendant Cheongamb Co., Ltd. (hereinafter “Defendant Cheongam”) and the Defendant Hawon Development Co., Ltd. (hereinafter “Defendant Hawon”).
C. On September 14, 2007, the Plaintiff agreed with the Defendants to receive the second intermediate payment of the sales price under the instant sales contract in two installments.
In other words, the Plaintiff’s 2-1 intermediate payment KRW 9,032,419,00 ( approximately 10% of the purchase price) between the Defendants and the Defendants is 20% of the purchase price of KRW 18,064,838,00 within three days from the date of agreement, and hereinafter “2-2 intermediate payment”).
Within 20 days after the authorization of the implementation plan, each of the Defendants agreed to be paid. D.
The Defendants did not pay the second intermediate payment to the Plaintiff within 20 days, even though they obtained the authorization of the implementation plan from the original state market on November 28, 2008.
On September 30, 2009, the Plaintiff determined the interest for delay between the Defendants and the Defendants at KRW 712,00,000,000. The Defendants’ interest for delay from October 1, 2009 to KRW 100,000 for each month.