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(영문) 서울중앙지방법원 2016.06.10 2015가단111738
분양대금
Text

1. The Defendant’s KRW 129,439,631 and KRW 109,912,00 among the Plaintiff’s KRW 6% per annum from January 1, 2013 to June 10, 2016.

Reasons

1. Basic facts

A. Sales contract, options construction contract, and partial payment of the purchase price 1) The Plaintiff is a D apartment with a scale of 1,628 households on the ground of blocks located within the Incheon Jung-gu free economic zone (hereinafter “instant apartment”).

(2) On November 4, 2009, the Plaintiff and the Defendant concluded a sales contract with the effect that the sales price shall be KRW 331,540,000 for the instant apartment unit 101 Dong 3002, and the down payment of KRW 32,990,00 shall be paid at the time of a contract, and the intermediate payment of KRW 197,940,000 shall be paid at one time every six times from April 15, 2010 to May 15, 2012 (hereinafter “instant sales contract”). The remainder payment of KRW 100,610,000 shall be paid at the date of designation of occupancy (hereinafter “instant sales contract”).

From November 4, 2009 to May 15, 2012, the Defendant paid 230,930,000 won to the Plaintiff out of 331,540,000 won.

3) Meanwhile, on November 4, 2009, the Plaintiff and the Defendant entered into an option construction contract with regard to the instant apartment 101 Dong 3002, and the option construction cost is KRW 11,622,00. The Defendant paid only the contract deposit amount of KRW 2,320,00 on June 8, 201. 4) The Plaintiff and the Defendant applied the remainder of the contract with the Defendant for the sales contract and the options construction contract of the instant case to the Plaintiff for the sales contract of this case and the options construction contract of this case: (a) the additional interest rate of KRW 5% on the deposit bank interest rate of KRW 10.96% on 30% from 31 to 90% from 13.96% from 96% from 96% from 91 to 180% from 181% from 94.96% from 181% from 196% from 196% from 196% from the delay rate.

5) On October 26, 2012, the Plaintiff underwent a pre-use inspection on the instant apartment from the head of the Incheon Metropolitan City Free Economic Zone Authority. The Plaintiff is the Defendant from November 3, 2012 to December 31, 2012 (hereinafter “the period for designation of occupancy”).

) The remainder of the sale price of the instant apartment was KRW 100,610,00 (331,540,000 - 230,930,000) and KRW 9,302,00 (11,62,000 - 2,320,000) and the remainder of the option construction cost (2,320,000).

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