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(영문) 서울중앙지방법원 2016.06.24 2016가합502048
분양 대금 등 청구의 소
Text

1. On December 11, 2013, the Defendant: (a) on real estate stated in the separate sheet from one asset trust for one of the non-party corporations.

Reasons

Facts of recognition

The Plaintiff is the executor of the business that sells “B” of the size of 8 underground and 19 stories above ground (hereinafter “B”) constructed on the land outside Gangnam-gu Seoul, Seoul and the Defendant purchased real estate listed in the attached Table B (hereinafter “instant commercial building”) from the Plaintiff.

On December 11, 2013, the Plaintiff concluded a sales contract with the Defendant, setting the sales contract amount of KRW 723,000,000 (i.e., the intermediate payment of KRW 72,300,000 as the intermediate payment of KRW 289,200,000, which is the remainder of KRW 361,50,000).

(hereinafter “instant sales contract”). The Defendant’s down payment, intermediate payment, balance, and each payment period set forth in the instant sales contract are as listed below [Attachment 1].

[Attachment 1] (Unit 1) On December 26, 2013, when entering into the instant sales contract with the Plaintiff, the Defendant agreed to pay damages for delay by applying the same interest rate as the date of the designation of the occupant on September 5, 2014, when entering into the instant sales contract with the Plaintiff on December 26, 2013. (See Table 2)

[Attachment 2] At the time of the instant sales contract, the Plaintiff agreed to arrange the Defendant to borrow part payments from financial institutions at the time of the Defendant’s intermediate payments contract, and to pay interest on part payments by the first day prior to the date of the designation of the Plaintiff’s intermediate payments on behalf of the Defendant.

On December 11, 2013, the date of the conclusion of the instant sales contract, the Defendant paid the Plaintiff the down payment of KRW 72,300,000,000, total intermediate payment of KRW 289,200,000 through the financial institution designated by the Plaintiff pursuant to the instant sales contract, and the Plaintiff paid interest on the intermediate payment by the first day before the date of the designation of the saleroom occupants.

On March 16, 2015, the Plaintiff included the instant commercial building.

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