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(영문) 창원지방법원 2019.10.24 2019가단5744

분양대금

Text

1. The Defendant’s KRW 102,550,00 for the Plaintiff and 6% per annum from November 1, 2018 to May 22, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the implementer of the business that newly constructs and sells D Apartment 14, 998 households on the land of Kimhae-si, Kimhae-si (hereinafter “instant apartment”), and the Defendant is the purchaser of the 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 sales contract and the instant apartment housing F, with the sales price of KRW 305,500,000, the sales contract and the construction cost of KRW 12,000,000 (hereinafter referred to as the “instant sales contract”) (hereinafter referred to as the “instant sales contract with the instant sales contract”).

(2) According to the instant sales contract, the Defendant agreed to pay the remainder of the sales price of KRW 91,650,000 and the remainder of the options construction price of KRW 10,900,000 until the expiration date of the occupancy designation period, and to pay damages for delay by applying the following arrears if the remainder of the sales price and the options construction price are in arrears. (A) From the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, 31 to 30% per annum from the expiration date of the occupancy designation period to 90%) 181 days from the expiration date of the occupancy designation period to 180 days from the expiration date of the occupancy designation period (10% per annum from the expiration date of the occupancy designation period to 180%) and the Defendant succeeded to the buyer’s status of the apartment complex of this case with the consent of the Plaintiff on September 24, 2015 (3) as follows: