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(영문) 서울고등법원 2017.08.24 2017나2006113
소유권이전등기절차이행청구 등
Text

1. All appeals filed by the plaintiffs and the claims added by this court are dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of this part of the judgment is the same as that of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiffs' assertion

A. Under each of the sales contracts of this case for delayed compensation claims against Defendant S, if the purchaser of the apartment of this case did not occupy the apartment of this case at the scheduled date of occupancy, the Defendant S should pay the purchaser delayed compensation in accordance with the interest rate on delay under each of the sales contracts of this case or deduct the purchaser from the remaining price.

Plaintiff

The scheduled occupancy date of A, B, C, D, F, J, K, and Q (hereinafter “Plaintiff 8”) was July 31, 2012, and the instant apartment was approved by the approval for provisional use on December 3, 2012, and thus a delay compensation should be paid for the number of delayed days.

Defendant S calculated a delay compensation and deducted it from the remainder payment only for the down payment that the Plaintiff 8 paid, but the “unpaid price” includes the intermediate payment that Defendant S bears with the interest of the loan, so the delay compensation is KRW 5,961,863, respectively.

If the above money excludes each delay compensation already deducted from the remaining amount, the amount of KRW 5,713,193 to Plaintiffs A, B, and C, respectively, KRW 5,515,263 to Plaintiffs D, and J, respectively, KRW 5,812,63 to Plaintiff F, KRW 5,85,73 to Plaintiff C, KRW 5,811,93 to Plaintiff Q.

B. At the time of each sales contract in this case, Defendant S and Yang-gu agreed to compensate the Plaintiffs for the interest of KRW 100 million for five years (Defendant S S 25%, Defendant Yang-gu 50%). Pursuant to the above agreement, Defendant S shall pay the amount equivalent to 25% to the Plaintiffs, and Defendant Yang-gu 50% to the amount corresponding to the amount indicated in the attached Table “the aggregate interest” column to the Plaintiffs, and the amount corresponding to 50% to both-gu 1.

C. The Defendants to claim damages against the Defendants are to publicize false facts in collusion to sell the instant apartment and hold a public hearing of this case.

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