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(영문) 수원지방법원 2019.08.14 2019가합10524
부당이득금
Text

1. As to KRW 359,812,803 among the Plaintiff and KRW 50,970,00, the Defendant shall pay to the Plaintiff KRW 101,940,00 from December 4, 2015.

Reasons

1. The scheduled date of occupancy [the fact that there is no dispute: Gap's 1 through 9 (including each number), Eul's 1 and 2, and the purport of the whole pleadings]: The scheduled date of occupancy: During October 2017 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be later notified) 16,990,00 won in an intermediate payment (60%) one time on January 20, 2016 at the time of the contract with the specific payment schedule (10%) under Article 2 (Sale Price and Payment Method).

1. Where he/she himself/herself, due to his/her own circumstances: Provided, That where "A" is recognized after he/she has paid part payments at one time;

2. Where the Defendant has received a corrective order from the permitting authority pursuant to Article 9 of the Act on Sale of Building Units: Provided, That this shall not apply where the corrective order has been publicly announced pursuant to Article 9 of the Act on Sale of Building Units and has been taken measures within two months from the date of public announcement;

Article 17 (Loan) (2) In the event that a plaintiff takes out a loan from a loan financial institution arranged by the defendant among the sale proceeds and pays the sale proceeds, he/she shall pay the loan directly to the account designated by the defendant in the loan bank on the agreed date of intermediate payment, and where the loan is not applied for the loan (including delay) before the deadline notified by the defendant, or where the loan application amount is less than the balance of the sale proceeds, the plaintiff shall pay it

Provided, That the intermediate payment loan arrangement shall be made for accommodation facilities.

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