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(영문) 대전고등법원 2016.01.13 2015나11142
수분양자지위보존재확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Re-security oil Co., Ltd. (hereinafter “re-security oil”) is an executor of the business of constructing and selling C (hereinafter “instant building”) on the land outside Dong-gu, Nam-gu, and five parcels on the land (hereinafter “instant building”). On March 28, 2003, the Plaintiff is a contractor awarded a contract for the construction of the instant building among the instant projects that had been carried out by the re-security.

B. On April 22, 2004, the Defendant: (a) the supply amount of 101 square meters (73.58 square meters of supplied area, 6.80 square meters of site area) on the B floor of the instant building is KRW 173,02,00,000, and the total sum of the down payment, intermediate payment, and remainder is KRW 173,02,021,000; (b) however, there is a difference between the total amount and the total amount; (c) on the other hand,

It shall be sold in lots. The defendant shall pay 34,604,00 won as down payment at the time of contract; the intermediate payment shall be KRW 17,302,00 each five times; the remainder shall be paid KRW 51,907,00 each on the date of the designation of the tenant; and the second floor No. 102 (179.43m2, the supplied area; the site area of KRW 16.58m2) on the supply amount of KRW 391,971,00, the total sum of the down payment, intermediate payment, and the remainder shall be KRW 391,970,00,000, but it is different from the total sum.

The Defendant shall sell in lots the contract deposit, and the intermediate payment shall be KRW 78,394,00 as down payment, KRW 39,197,00 as part payment, KRW 117,591,00 as part payment, and the remainder shall be paid KRW 117,591,00 as of the designated date of the saleroom occupants, and KRW 26,270,00 as part of the supply price of KRW 103 on the B floor (area 113.23 square meters, site area 10.46 square meters), and KRW 26,270,00 as part of the contract. The Defendant concluded a sales contract to pay KRW 53,254,00 as down payment, KRW 26,627,00 as part of the intermediate payment, and KRW 79,881,00 as of the designated date of the saleroom occupants, respectively (hereinafter the above sales contract collectively referred to as the “instant sales contract”).

Article 1 (Supply Price and Payment Method) The principal contents of the instant sales contract shall be supplied to the Defendant by the following methods:

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