beta
(영문) 서울서부지방법원 2015.05.28 2014가단20243

건물인도등

Text

1. The Defendant: (a) KRW 6,373,341 of the Plaintiff’s claim and the application for modification of the cause of the claim as of April 3, 2015, KRW 6,373,341.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff publicly announced the relocation measures of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government Seoul Mapo-gu Seoul Metropolitan Government Branch as a part of the living measures, and provided special sale guidance and contract guidance from April 2005 to June 20 of the same year with respect to E to be constructed in Mapo-gu Seoul Metropolitan Government District as part of the living measures, and F on August 18, 2006 from the Plaintiff on its attached list (hereinafter “instant real estate”).

24,227,00 won in selling price, down payment 24,845,400 won in intermediate payment, intermediate payment 12,422,700 won in intermediate payment, 8,703,90 won in primary installment, and 8,695,000 won in secondary or ten installments, respectively, and the Defendant succeeded to all rights and duties relating to the instant real estate sales contract by F on August 18, 2006 (hereinafter “instant sales contract”).

(2) The sales contract of this case is a installment sale contract with the content that the sales price is paid for about six years and the registration of ownership transfer is made in full, and its main contents are as follows.

(hereinafter referred to as "A" and "B" mean the buyer, and "B" means the buyer, and "B". Article 4 (3) "B" shall be located within the designated period after the payment of the intermediate payment, and when the designated period for the sale of a building expires, all responsibilities, such as the management of the goods, shall be borne by "B".

The period of designation of occupancy occupants shall be within 30 days from the date of the intermediate payment, unless the period prescribed separately by "A" is determined.

Article 9 (Cancellation and Termination of Contracts) (1) Where “B” commits an act falling under any of the following subparagraphs, “A” may cancel or terminate this Agreement:

2. Where the part payments and installments (including interest in installments) have not been paid by the due date for payment. (3) When the contract has been rescinded pursuant to paragraph 1, “B” shall pay to “A” an amount equivalent to 10/100 of the selling price as penalty, and the said indication shall be made at the time of the contract.