분양계약금반환 등
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was 86,041,143 won and 143 won.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendant’s status as the party 1) An officetel in Ansan-si (hereinafter “instant officetel”).
D. D Co., Ltd. (hereinafter referred to as “Nonindicted Company”)
(2) On August 20, 2015, the Plaintiff is a sales agent who entered into a sales agency contract with the Defendant for the instant officetel. (2) The Plaintiff is a sales agent who bought the instant officetel E and F from the Defendant.
B. 1) The Plaintiff and the Defendant entered into a sales contract between the Plaintiff and the Defendant on June 3, 2016, with the Defendant in the model Hadong-si N, Ansan-si, the instant officetel E in the sales price of KRW 453,280,00, and the F in the above subparagraphs (hereinafter referred to as “each of the instant commercial buildings”).
(2) The sales contract of each of the instant cases shall be 43,160,000 won (hereinafter “each of the instant sales contracts”).
(2) According to each sales contract of this case, the buyer shall pay the balance on the designated date of occupancy (Article 1(1)), and when the agreed payment date has elapsed due to the delay in the payment of the balance, the buyer shall pay the remainder by adding the late payment charge of 12% per annum to the number of elapsed days as of the expiration date of the designated period of occupancy.
(Article 4(2)3) Around June 3, 2016, the Plaintiff paid 88,644,000 won in total to the Defendant as the down payment of each of the instant commercial buildings, and the G Association (hereinafter “G Association”) (hereinafter “G Association”).
(4) A total of KRW 354,576,00 and the intermediate payment was paid. Accordingly, the sales price of each of the instant commercial buildings remains the balance of KRW 226,640,00 with respect to KRW 216,580,000 and KRW 216,580,000 with respect to KRW 220,00 with respect to KRW 216,580,000. (4) The Defendant agreed with the G Association to jointly and severally guarantee the Plaintiff’s obligation to lend the intermediate payment. The Plaintiff was not repaid the said loan by July 22, 2017, and the Plaintiff was not repaid the said loan by July 28, 2017.
5 The defendant around August 2016, to the buyers including the plaintiff, and the period of designation of the occupancy.