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(영문) 대구지방법원 상주지원 2018.02.22 2017가합5408
소유권이전등기
Text

1. The defendant shall receive KRW 23,526,00 from the plaintiff and at the same time real estate stated in the attached Table to the plaintiff.

Reasons

1. Basic facts

A. C (hereinafter “C”) is an executor who constructed E (hereinafter “E”) located on the land outside D and three parcels at the time of residence, and the F Co., Ltd. (hereinafter “F”) is a fund manager who entered into a real estate security trust agreement with C as a fund manager.

B. On August 10, 2006, the Plaintiff entered into a sales contract with C to purchase 126,940,000 square meters in lots (hereinafter “instant sales contract”) of F1 story G neighborhood living facilities with the exclusive use area of 20.85 square meters, and 27.78 square meters with the contract area of 48.63 square meters with the public use area of 10.41 square meters (hereinafter “instant real property”).

C. According to the instant sales contract, the Plaintiff paid part of the down payment, intermediate payment, and remainder as listed below, such as paying the down payment of KRW 12,694,000 on the contract date.

The amount to be paid as of August 12, 2006, the amount to be paid as of the date of installment payment (the original down payment) shall be the intermediate payment (the first), 19,041,000 part payment (the second part) on September 5, 2006 (the second part) (the second part) on September 19, 2006, September 25, 2006; 19,041,400 part payment (the third part) (the third part) on October 25, 2006; 25,38,000 part payment (the fourth part) on December 25, 2006 (the fourth part) on December 25, 2006; 38,388,000 remaining remainder on April 31, 2007.

D. The main contents of the instant sales contract are as follows.

(2) If a plaintiff fails to pay an intermediate payment and any balance within an agreed period, he/she shall pay C the late payment charge calculated based on the number of days in arrears by applying the overdue rate of 17% per annum to the amount in arrears. In cases of arrears, the repayment order of the price shall be the order of late payment, intermediate payment, and balance in the order of arrears.

(3) Where C is unable to place salesroom occupants at the scheduled date, C shall pay the overdue charge calculated by applying the overdue rate under the above paragraph (2) to the Plaintiff, or deduct it from the remaining payment, the overdue charge calculated by applying the overdue rate under the above paragraph.

Article 4 (Cancellation of Contract) (2) Where the Plaintiff is unable to move into within three months from the scheduled date of move into due to a cause attributable to C, this contract shall be concluded.

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