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(영문) 창원지방법원 2020.04.08 2019가단5850
분양대금
Text

The defendant's KRW 123,200,000 to the plaintiff and its related KRW 6% per annum from November 1, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a business implementer who newly built and sold D Apartment 14, 998 households on the land of Kimhae-si, Kimhae-si (hereinafter “instant apartment”). The Defendant is a purchaser of the instant apartment from one buyer of the apartment.

B. On June 19, 2015, the Plaintiff entered into the sales contract and options construction contract of the instant apartment with E on June 19, 2015, the sales contract and the construction cost for the instant apartment as KRW 380,500,000 with respect to the F of the instant apartment as the sales price of KRW 13,400,00 (hereinafter referred to as the “sale contract and the instant sales contract”). The instant sales contract and the balcony expansion options contract are collectively referred to as the “instant sales contract”.

(2) According to the instant sales contract, E agreed to pay the remainder of the sales price of KRW 109,80,000 and the option construction price of KRW 13,400,000 until the expiration date of the occupancy designation period, and to pay the remainder of the sales price and the delayed payment of the options construction price, as follows: (a) from the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, 31 to 90 per annum from the expiration date of the occupancy designation period to the expiration date of 91 to 180), 10% per annum from the expiration date of the occupancy designation period from the expiration date of 181 to the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, and thereafter the Defendant succeeded to the status of the buyer of the instant apartment from E with the Plaintiff’s consent to the status of the buyer of the instant apartment.

C. The Plaintiff completed a pre-use inspection on the instant apartment, and notified the Defendant of the period of designation of occupancy from July 31, 2018 to October 31, 2018, that the purchase price should be paid in full and at the same time move into an apartment. However, the Defendant refused to move into the apartment due to a change in the Plaintiff’s voluntary design, etc.

Article 19 of the contract for sale in this case is part of the contract for sale in this case.

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