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(영문) 서울중앙지방법원 2015.08.20 2013나51543
양수금
Text

1. Defendant A, among the judgment of the court of first instance, ordered the Plaintiff to pay more than KRW 13,083,098.

Reasons

1. Facts of recognition;

A. The status of the parties, the conclusion of the sales contract, and the details of the execution (1) as to the new construction and sale business of the building E on the ground of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant building”) (hereinafter “instant project”), Defendant Postal Co., Ltd., Defendant Korea Urban Development Corporation, and Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) is the trustee who received real estate security trust (hereinafter “instant trust”) from Defendant Postal Co., Ltd., the Promotion Savings Bank Co., Ltd. (hereinafter “Promotion Savings Bank”) is the priority beneficiary of the instant trust.

(2) On March 30, 2005, C and Korea Urban Development entered into a contract with Defendant Postal Co., Ltd to purchase KRW 808 from Defendant Postal Co., Ltd to purchase KRW 334,963,00 among the instant buildings (hereinafter “instant sales contract”). The main contents of the contract are as shown in the attached sheet.

(3) The rights and obligations of the instant sales contract from C on February 23, 2007 and the following B.

Pursuant to paragraph (1) of this section, an intermediate payment loan obligation was taken over.

(4) C and Defendant A paid the sum of KRW 167,392,00 as down payment and intermediate payment out of the sale price.

(5) The commencement date of the instant building was July 26, 2004. The construction was discontinued due to the construction of the Do and the construction was conducted during the construction period, and the construction was also suspended due to the construction of the Do, and the Defendant Dor did not notify the buyers including Defendant A of the designation date of occupancy or notify the scheduled change date of occupancy, or did not complete the construction for completion, even after the lapse of 23 months after the commencement of the construction.

B. (1) For the payment of intermediate payment, C borrowed KRW 100,400,00 from the National Bank of Korea (hereinafter “National Bank”) around April 25, 2005 as prescribed by Article 2(4) of the instant sales contract for intermediate payment, and on July 18, 2005, KRW 66,992,00 from the Promotion Savings Bank designated by the Defendant Postal Service (hereinafter “National Bank”) due date for payment, 11% per annum, interest rate per annum, and 25% per annum.

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