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(영문) 창원지방법원 2020.04.23 2019가단5867
분양대금
Text

1. The Defendant: (a) KRW 102,050,000 for the Plaintiff and 6% per annum from November 1, 2018 to May 15, 2019; and (b).

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the implementer of the business that newly constructs and sells D Apartment 14 and 998 households (hereinafter “D apartment”) on the land of Kimhae-si, Kimhae-si, and the Defendant is the person who succeeded to the status of the buyer of the instant apartment from F, who is the buyer of D apartment E (hereinafter “instant apartment”).

B. On June 22, 2015, the Plaintiff entered into a contract for sale in lots with the Plaintiff and F, and the Defendant’s rights and obligations, for sale in lots, and for options construction contracts with F on June 22, 2015, the Plaintiff entered into a contract for sale in lots and for construction works in balcony expansion with the instant apartment amounting to KRW 3.5 million for the sales price and the construction cost of the instant apartment (hereinafter referred to as “instant contract for sale in lots and the instant contract for construction works in balcony expansion”).

(2) According to the instant sales contract, according to the instant sales contract, the scheduled date of occupancy of the D apartment is June 2018 (a separate notice on the date of designation of occupancy); the buyer pays the remainder of the sale price to KRW 90,150,000 and the option construction cost by the expiration date of the occupancy designation period; the Plaintiff shall make a preservation registration of ownership within 60 days from the completion date of the D apartment; 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 number of damages and public charges arising from the buyer’s failure to complete the transfer of ownership transfer procedure and the total amount to be borne by the buyer.

3. On October 12, 2015, the Defendant succeeded to the status of buyer under the instant sales contract from F.

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 after obtaining approval for use after the completion of the instant apartment. The Plaintiff notified the Defendant of the occupancy designation period after completely paying the sale price within the said occupancy period.

The sales contract of this case concerns the sale price and options construction cost.

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