beta
Text
1. The Defendant’s KRW 41,051,224 as well as the Plaintiff’s KRW 15% per annum from August 14, 2018 to May 31, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff (trustee), C Co., Ltd (hereinafter “C”), and D Co., Ltd. (hereinafter “D”) concluded a management-type land trust agreement with regard to the construction and sale of the E-building in Sejong Special Self-Governing City (hereinafter “instant building”).
B. On July 27, 2015, the Defendant concluded a sales contract (hereinafter “instant sales contract”) with C, the truster, the Plaintiff, and D, the contractor, with the sales price of KRW 912,836,00 (the contract amounting to KRW 91,283,60, intermediate payment of KRW 456,418,00, and the balance of KRW 365,134,40) on the first floor F of the instant building (hereinafter “instant real estate sales contract”).
C. Of the contents of the instant sales contract, the following parts are applicable to the instant sales contract.
Article 1 (Methods for Payment of Amount to be Supplied) (8) The balance shall be paid by the date on which the designation of the occupant is completed, notified by the trustee and the seller C (hereinafter referred to as “A”).
(Provided, however, the Defendant (hereinafter referred to as “B”) satisfies the following conditions and applies for part payments for the payment of the amount supplied under Article 1 to the Plaintiff (hereinafter referred to as “B”) and the contractor (hereinafter referred to as “B”) under Article 5 (Payment of, and Non-Interest Loan) (hereinafter referred to as, the “B”) will arrange the loan as follows.
(5) The interest on the intermediate payment shall be paid as follows by paying the intermediate payment, balance, etc. to the lending bank, etc. under this supply contract in subrogation of the “B” and the “B” to receive ownership transfer by the scheduled date of the designation of the saleroom occupants.
(hereinafter referred to as “B” shall be repaid prior to the sale of a loan or converted into a secured loan, and where it is intended to convert a loan to a secured loan, the entire amount of the loan shall be paid in full.