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(영문) 서울중앙지방법원 2013.12.19 2013가단5065744

정산금

Text

1. The Defendants are jointly and severally and severally liable to Plaintiff A for KRW 11,924,407 and its amount from September 20, 2012, and KRW 12,045,902 to Plaintiff B.

Reasons

1. Basic facts

A. For convenience, the Plaintiffs concluded a sales contract for the F apartment located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant apartment”) with the Defendants (hereinafter “Defendant D Housing Redevelopment and Development Project Association”) on the following terms (hereinafter “instant sales contract”) between the Defendants (hereinafter “instant apartment”).

(106, 1004, the buyer was included in G but later entered into an agreement for the change to Plaintiff B, the wife. Plaintiff A, 106, 1004, Plaintiff A106, 2704, 27 August 27, 2008, Plaintiff B, 105, and 1404, 233,137,000 won on August 27, 2008, Plaintiff C107, 1104, 8329,77,77,000 won on June 52, 2009.

B. The details of the instant sales contract are as follows.

The operator of the apartment building of this case (the meaning of the defendant association), the purchaser (the plaintiff) and the contractor (the defendant Samsung C&T) enter into a contract as follows:

Article 1 (Payment of Underpaid and Balance)

1. The place for payment of intermediate payments and remainder shall be the front bank account designated by “A” or “B” (hereinafter “A, etc.”), and the “A, etc.” does not have a duty to separately notify “B, etc., of the date of payment.”

5. The balance must be paid within the due date for payment designated by the “A”.

Article 3 (Cancellation of Contracts) "A, etc." may cancel this contract where "B, etc." has committed an act falling under any of the following subparagraphs after peremptory notice.

(deging omitted) Article 7 (Occupancy)

4. The term "B" must move into the area within the period designated by "A, etc." and Article 9 (Transfer of Ownership, regardless of whether or not moving into the area from the day following the expiration date of the period designated for moving

6. The sale area of a building and co-ownership of a site concluded at the time of a contract shall be within the limits of errors permitted by the relevant Acts and subordinate statutes in inevitable circumstances, such as public study, adjustment