분양대금반환청구
1. The Defendant (Counterclaim Plaintiff) paid KRW 21,020,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from April 6, 2009 to April 5, 2017.
1. Basic facts
A. On March 6, 2009, the Plaintiff entered into a sales contract with the Defendant to purchase B apartment units 1901, 1901, 1901, Incheon Seo-gu, Incheon (hereinafter “instant apartment units”) at KRW 510,200,000 (hereinafter “instant sales contract”). On April 6, 2009, the Plaintiff paid the Defendant KRW 51,020,000 in total, including the first down payment 25,510,000 on the same day, and the first down payment 25,510,000 on April 6, 2009.
B. The main contents of the instant sales contract are as follows.
Article 2. The payment method for the purchase price of goods and the intermediate payment is made by the “B” from a financial institution designated by the “B”, and the loan interest accrued from the date of the intermediate payment loan and the intermediate payment is paid by the “B” shall be paid by the “B” for the loan interest during the period immediately preceding the first day of the occupancy designation period designated by the “A”. The loan interest interest accrued from the intermediate payment shall be paid by the “B” directly to the lending financial institution.
(v) “B” shall be repaid to “A” in accordance with paragraph (4) of this Article within the period of occupancy designation designated by “A” in accordance with the contract for sale and purchase, and if the amount is not repaid within the prescribed period, Article 7(1) of the Act shall apply.
(hereinafter referred to as "A" may terminate this contract even after the peremptory notice is given when "B" commits any of the following acts:
(2) Where the balance fails to be paid within three months from the agreed date (the expiration date of the designation for occupancy). (3) Where the “B” fails to pay the interest on the part of the intermediate payment the part payment he/she paid pursuant to Article 2(1) and Article 2(3) within three months from the agreed date (the expiration date of the designation for occupancy), the “B” may cancel this contract by himself/herself,
However, in the case of payment of part payments at one time, only where the “A” agree.
Consolidatedly, “B” shall be “B”.