beta
(영문) 서울중앙지방법원 2015.07.08 2014가합565304

입주지원금 반환 등

Text

1. The Defendants are the amount indicated in the separate sheet “recognized” column in the separate sheet to the Plaintiff and the amount out thereof.

(a) the same list;

Reasons

Basic Facts

The Plaintiff is an executor who newly constructs and sells E apartment units, which are multi-family housing with a scale of 1,680 units in the Incheon Free Economic Zone Young-do (hereinafter “instant apartment units”), and the Domi Construction Co., Ltd. (hereinafter “Domi Construction”) is a new construction project for the instant apartment units.

The Plaintiff entered into a contract for the sale of the instant apartment as indicated in the “contract Date” as indicated in the separate sheet in the separate sheet in the “Contract Date” with the Defendants (Defendant A changed the name from “F” to “A” on April 2012 after entering into the contract for sale). According to the terms and conditions of the contract, the Defendants shall pay the remainder by the expiration date of the designation period of occupancy notified by the Plaintiff (Article 6(6)), the Defendants shall pay the remainder by adding the overdue interest rate calculated for the number of elapsed days when the payment is delayed (Article 5(2)), the taxes and public charges incurred after the expiration date of the designation period of occupancy shall be borne, regardless of whether the occupancy, the balance is paid in full, and the ownership transfer, and the damages suffered by the Plaintiff due to the nonperformance shall be compensated by the buyers.

(Article 10) In addition, the Defendants agreed to lend interest on an intermediate payment loan received from the Bank and the Nonghyup Bank on behalf of the Plaintiff, and the Defendants agreed to repay it to the Plaintiff not later than the first day of the expiration date of the remainder payment and the expiration date of the occupancy period. Accordingly, the Plaintiff paid the interest indicated in the [Attachment] column for the Defendants on behalf of the Defendants.

On the other hand, the plaintiff entered into a balcony expansion contract with the defendants on the date stated in the "contract date" of the "balconsing Construction Contract" of the same list. According to this, the buyer shall pay the balance of the construction price at the time of the occupancy.

(Article 6(8). The plaintiff shall be the plaintiff.