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(영문) 인천지방법원 2014.01.21 2013가합5899
기타(금전)
Text

1. The defendant shall pay to the plaintiff the amount of KRW 195,623,134 and the amount of KRW 190,98,340 among them, from May 4, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Cheong-si Development Co., Ltd. (hereinafter “Cheong-dong Development”) is a company that sold the instant apartment (hereinafter “instant apartment”) in Ansan-si, and the E Co., Ltd. (hereinafter “E”) is a new construction company for the instant apartment (hereinafter “E”).

B. B. Between F and F on June 9, 2008, Cheongfriendly Development entered into a contract for the sale of 110 and 302 units of the instant apartment units to 235,860,000 units of the sale price (hereinafter “instant contract for sale”). F paid 11,793,000 won to Cheongfriendly Development on the date of the contract as the down payment. The first installment payment of 23,586,00 won was paid to Cheongfriendly Development on July 25, 2008; the second intermediate payment of 23,586,00 won was paid on October 27, 2008; the third intermediate payment of 23,586,000 won; and the intermediate payment of 23,580,000 won was paid on October 28, 2009; and the intermediate payment of 23,58,000 won was paid on May 3, 2005.

C. On June 23, 2008, F transferred the rights and obligations pursuant to the instant sales contract to the Defendant, and Cheongfriendly Development consented thereto.

After that, even though the Defendant paid to public-private partnership development KRW 47,172,00 in total for the first, second, and second intermediate payments under the instant sales contract, the Defendant did not pay the remainder KRW 106,137,00 in total, and option cost KRW 11,912,40 in total, up to now, even after the date of the payment of the intermediate payments and the remainder payment has expired.

E. Meanwhile, Article 10(1) of the instant sales contract provides that “The taxes and public charges on the apartment sold by the buyers in lots shall be borne by clean development in cases where the tax base date is prior to the date of actual occupancy (or the date of the first generation among the expiration date of the designation period of occupancy) and, in cases where thereafter, the buyer bears the burden regardless of the remainder payment or occupancy of the buyer.” The Defendant unpaid regarding the instant apartment 10 Dong 302 from August 15, 2009 to November 201, the expiration date of the designation period of occupancy of the apartment of this case.

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