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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The plaintiff is a housing association established to implement a new apartment construction project in the whole zone of the Dongjak-gu Seoul Metropolitan Government Z land, and the defendant is the buyer of the above apartment.
B. On June 22, 2010, the Plaintiff concluded a sales contract with the Defendant for the sales price of KRW 918,150,000 with respect to the above apartment Nos. 105 and 502 (hereinafter “instant apartment”) (hereinafter “instant sales contract”).
C. According to the instant sales contract, 30 million won out of the sales price shall be paid at the time of the contract, and the intermediate payment shall be paid at the time of the contract six times (the first, August 20, 2010; December 20, 2010; the third, April 20, 201; the fourth, August 22, 201; the fifth, December 20, 201; the sixth, April 20, 201; and the sixth, April 20, 201; the remainder shall be paid at KRW 91,810,000, and the remainder shall be paid at the date of designation of occupancy as determined by the Plaintiff.
The Defendant paid to the Plaintiff KRW 30 million as the down payment on the date of the instant sales contract, KRW 30 million as the intermediate payment on April 19, 201, and KRW 20 million as the intermediate payment on April 22, 201, respectively.
Article 1 [Methods of Payment and Payment] (3) Methods of paying sale proceeds.
4. Any balance shall be paid by the date on which the designation of occupancy notified by Gap and Byung (the plaintiff and HyundaiMCo Co., Ltd., a contractor), in advance, has been completed.
Article 4 [Cancellation of Contract] (1) A may cancel this contract in the absence of performance after peremptory notice, when a buyer of a parcel of land commits any of the following acts:
2. Where the balance is not paid within three months from the agreed date.
Article 5 [Penalties] (1) When the contract is terminated for reasons falling under Article 4 (1) 1 through 4, Article 4 (2) and Article 4 (4), 10% of the total amount of parcelling-out shall be reverted to Company A as penalty.
(2) This contract shall be concluded on the grounds falling under Article 4 (3).