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(영문) 인천지방법원 2018.12.21 2018가단201015
정산금
Text

1. The Defendant’s KRW 41,542,79 for the Plaintiff and KRW 6% per annum from May 28, 2014 to December 21, 2018.

Reasons

1. Facts of recognition;

A. Sales contract and balcony Expansion contract 1) Plaintiff and Nonparty D Co., Ltd. (Co. D filed the instant lawsuit together with the Plaintiff, and the lawsuit was withdrawn on June 26, 2018;

hereinafter referred to as “D”

(1) On January 19, 201, Defendant, Nonparty E, and the Seo-gu Incheon Metropolitan Government G apartment H (hereinafter “instant apartment”) as a co-seller on January 19, 201.

2) As to the sales contract of this case, the sales contract of this case (hereinafter “instant sales contract”).

(2) On September 21, 2012, the Defendant succeeded to the rights and obligations of the instant sales contract under E. In addition, the Plaintiff and D succeed to the instant sales contract under the balcony expansion contract with the Defendant on January 19, 201 (hereinafter “instant balcony expansion contract”).

2) The main contents of the instant sales contract and the balcony expansion contract are as follows.

G Apartment I block supply contract

1. The scheduled date of occupancy of the apartment of this case: 15,00,000 won in the agreed amount as of September 2, 2013, the agreed amount as of the date of distinction between the supply price and the payment method, and 15,00,000 won in the intermediate payment of KRW 61,610,000 on January 28, 2011, the first installment payment of KRW 76,50,000 on January 31, 2011, the second apartment of KRW 76,50,500 on April 7, 2011, the third apartment of KRW 76,50,000 on June 7, 2012, the third apartment of KRW 76,50,000,000 in the supply price and payment method and KRW 15,00 in the case of cancelling the contract with the Plaintiff or the Defendant’s remaining cancellation after January 76, 2013.

1. Where the part payments are not paid on at least three consecutive occasions;

2. Where the person fails to pay the down payment two times within seven days from the date of agreement.

3. Where the balance is not paid within three months from the agreed date.

4. In a case where the moving-in designation period has not been occupied within 3 months from the expiration date. ② When the defendant unilaterally seeks termination (Provided, That if the defendant paid the two-time deposit, it shall be limited to the case where the plaintiff and D are recognized).

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