2016dan18809 Other (money)

A Housing Association

B

August 19, 2016

September 23, 2016

1. The defendant shall pay to the plaintiff 129,08,00 won with 15% interest per annum from July 23, 2016 to the day of full payment.

2. The costs of the lawsuit are assessed against the defendant.

3. Paragraph 1 can be provisionally executed.

The same shall apply to the order.

1. Indication of claim: It is as shown in the grounds for the attachment (Provided, That the creditor shall be deemed the plaintiff, and the debtor shall be deemed the defendant;

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

Judges Lee Yong-soo

Grounds of Claim

1. 기초사실의 줭려

가. 당사자와 관곔

A creditor is a regional housing association established under the Housing Act on April 15, 2011 for the business of constructing a main multi-family apartment on the scale of 10,591.6 square meters in Jeonju-si, Jeonju-si, and the debtor is a non-creditor.

(b) Conclusion of sales contracts

The debtor, as a member of the creditor, was allocated the above main apartment among the above main apartment (hereinafter referred to as "the apartment of this case"), and the creditor agreed on February 27, 2013 to supply the apartment of this case to the debtor 273,320,000 won (hereinafter referred to as "the agreement of this case") (attached document 1).

(c) Payment delay of the debtor's price;

Although the debtor is obligated to pay the price to the creditor in accordance with the instant agreement, he did not pay the sum of KRW 27,335,000 for the fifth mid-term contract, KRW 27,335,00 for the sixth mid-term contract and KRW 74,420,00 for the remainder and KRW 129,08,00 for the remainder.

D. The debtor's acquisition of the ownership of the apartment of this case

Although the above dispute did not perform the external affairs under the Agreement, registration of preservation of ownership in the name of the debtor with respect to the apartment of this case was completed due to reasons other than the registration of provisional seizure (Attached Documents 2).

E. Offering the creditor's performance of the obligation to deliver the apartment of this case

The obligee has the intention to perform the duty to deliver the apartment of this case. The obligor pays to the obligee the unpaid amount of KRW 129.088,000 and at the same time receives the apartment of this case from the obligee.

2. Arrangement of creditors' arguments;

The obligee does not pay 129,08,000 won to the obligee and damages for delay even though the obligor has performed or provided the obligation under the instant agreement.

Therefore, the debtor is liable to the creditor for the payment of KRW 129,08,00 as the price for the apartment of this case and the payment of KRW 129,08,00 from the day following the delivery of the original copy

It is obligated to pay 15% of the annual damages for delay as provided by the Act on Special Cases concerning the Promotion of Legal Proceedings.

3. Conclusion

For the same reason, the creditor applied for the instant payment order.

1) The office of the creditor [the address: D, 16th floor, telephone: will be met immediately upon contact with E, with the former So-gu Seoul Metropolitan Government.