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(영문) 창원지방법원 2020.01.21 2019가단6198

분양대금

Text

1. The Defendant’s KRW 102,550,00 for the Plaintiff and 6% per annum from November 1, 2018 to May 16, 2019, and the following.

Reasons

1. Basic facts

A. The pertinent Plaintiff is the implementer of the business that newly constructs and sells the 14-dong 998 household units of Kimhae-si, Kimhae-si (hereinafter “C apartment”), and the Defendant is the purchaser of the C apartment unit D (hereinafter “instant apartment”).

B. On June 19, 2015, the Plaintiff entered into a sales contract and options construction contract with the Plaintiff on June 19, 2015, with regard to the instant apartment as the sales contract and construction cost of KRW 305,500,000 with respect to the purchase price of KRW 305,50,000 (hereinafter referred to as the “instant sales contract”) (hereinafter referred to as the “instant sales contract”).

(2) According to the instant parcelling-out contract, the scheduled date of occupancy of the C Apartment is June 2018 (the date of the instant parcelling-out contract separately notified), and the buyer shall pay the balance of the purchase price of KRW 91,650,00 and the balance of the option construction cost of KRW 10,900 until the expiration of the occupancy designation period, and the Plaintiff shall make a preservation registration within 60 days from the completion date of the C Apartment, and the buyer shall complete the registration of ownership transfer at the buyer’s expense within 60 days from the acquisition date, and the buyer shall complete the registration of ownership transfer at the buyer’s expense, and multiple damages and public charges arising from the buyer’s failure to complete the ownership transfer procedure.

On September 18, 2015, the Defendant succeeded to the status of the buyer of the instant apartment from E with the consent of the Plaintiff.

C. Upon completion of the instant sales contract, the Plaintiff notified the Defendant of the occupancy designation period after setting the occupancy designation period from July 31, 2018 to October 31, 2018, with the completion of the instant apartment after obtaining approval for use. The Plaintiff notified the Defendant of the occupancy designation period after completely paying the sale price within the said occupancy period.

The sales contract of this case is 9.78% to 14.78% per annum according to the overdue period.