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1. The Defendant’s KRW 89,500,000 and the Plaintiff’s annual rate of KRW 6% from November 1, 2018 to May 17, 2019.
Reasons
1. Basic facts
A. The pertinent Plaintiff is the implementer of the business that newly constructs and sells the 14-dong 998 apartment units in Kimhae-si (hereinafter “C apartment”), and the Defendant is the purchaser of the C apartment unit D (hereinafter “instant apartment”).
B. On June 19, 2015, the Plaintiff entered into a sales contract or options construction contract for the instant apartment with the Defendant on June 19, 2015, under which the sales contract and the construction cost for the instant apartment was KRW 10,500,000 for the sales contract and the construction cost for the balcony expansion contract with the Defendant (hereinafter referred to as the “instant sales contract”) (hereinafter referred to as the “instant sales contract”).
(2) According to the instant parcelling-out contract, the scheduled date of occupancy of the C Apartment is June 2018 (the date of the instant parcelling-out contract separately notified), and the buyer pays the remainder of the purchase price of KRW 80,100,000 and the balance of the options construction cost of KRW 9,400,000 by the expiration date of the occupancy designation period, and the Plaintiff shall make a preservation registration within 60 days from the completion date of the C Apartment, and the buyer shall complete the registration of ownership transfer at the buyer’s expense within 60 days from the acquisition date, and the buyer shall complete the registration of ownership transfer at the buyer’s expense, and the buyer shall not complete the procedures for the ownership transfer, and all damages and public charges incurred by the buyer shall be fully borne by the buyer.
C. Upon completion of the instant sales contract, the Plaintiff notified the Defendant of the occupancy designation period after setting the occupancy designation period from July 31, 2018 to October 31, 2018, with the completion of the instant apartment after obtaining approval for use. The Plaintiff notified the Defendant of the occupancy designation period after completely paying the sale price within the said occupancy period.
In the instant sales contract, 9.78% to 14.78% per annum according to the overdue period, damages for delay on the sales price and options construction price were agreed to be 9.78% per annum. The Plaintiff, after obtaining approval for use of the apartment, notified the buyer of the occupancy to the buyer.