beta
Text
1. As to the Plaintiff’s KRW 96,67,801 and KRW 83,056,080 among them, the Defendant shall pay to the Plaintiff KRW 13,61,721 from November 27, 2017.
Reasons
1. Facts of recognition;
A. On October 28, 2015, the Plaintiff entered into a contract with the Defendant’s agent to purchase KRW 121,000,000 (hereinafter “the instant sales contract”).
At the time of the instant sales contract, both parties agreed to implement the procedure for subdivision of each of the said real estate and the infrastructure construction necessary for new construction of housing from the Defendant’s side to December 18, 2015.
B. On February 2, 2016, the Plaintiff filed a building report with the Ulsan-gu Ulsan-gun, Ulsan-gun, and the Ulsan-gun received the Plaintiff’s building report on the same day. The attached building report includes the following: “Infrastructure-gun, such as access roads, drainage facilities, and entrance and drainage roads, shall be first constructed to prevent damage to neighboring areas, and the ownership or right to use under the Building Act on the access roads shall be secured, and it shall not interfere with the use (passing) of ordinary people at all times; and public facilities (which are divided from FD) such as access roads (which are divided into two lots) shall be able to consult on completion (which shall be applied to adjacent two lots) in advance.”
The plaintiff urged the defendant to perform infrastructure construction works on several occasions, but the defendant did not perform this.
C. On June 1, 2016, each of the above areas was divided into KRW 207 square meters, and KRW 430 square meters, which was purchased by the Plaintiff. The total area of each of the above areas was 637 square meters and is somewhat different from that of KRW 638 square meters, which is the area of the subject matter under the instant sales contract, but such circumstances arising from the implementation of the procedures for subdivision are already planned under the instant sales contract.
(Matters of special agreement No. 2). On April 27, 2018, with respect to G 207 square meters, a voluntary decision to commence auction was made on April 27, 2018, and each of them 1/2 shares was awarded to J and K and the ownership transfer registration was completed on May 3, 2019.