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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 385,045,643 as well as 1.5% per annum from April 5, 2020 to May 8, 2020.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (formerly “D Co., Ltd.”; hereinafter “Defendant B”) is a trustee and executor who was entrusted with “F” apartment construction and sales projects scheduled to be newly built on the land outside and six parcels of Busan Dongdong-gu E from Defendant C Co., Ltd. (hereinafter “Defendant C”), and Defendant C is a truster who entered into a land trust agreement with Defendant B.
B. On October 27, 2017, Defendant B announced the invitation of occupants on the apartment as stated in the foregoing paragraph (a) on October 27, 2017, and the Plaintiff filed an application for the general supply of apartment units on November 2, 2017 and filed the application for the general supply of apartment units with the first priority subject on October 10, 2017 (hereinafter “instant apartment units”).
(2) On November 15, 2017, the Plaintiff entered into a contract for the supply of the instant apartment as KRW 557,600,000 (hereinafter “instant supply contract”) with the Defendant B, and the Plaintiff entered into a selective item contract (hereinafter “alternative item contract”) with respect to the instant apartment construction on April 21, 2018, setting the supply amount of the instant apartment construction as KRW 13,900,000 with respect to the instant apartment construction. In short, the Plaintiff entered into a contract for the supply of the instant apartment (hereinafter “instant supply contract, etc.”).
The main contents are as follows:
In supplying the apartment of this case in the supply contract of this case, the seller, the consignee and the defendant B, the executor, and the consignee and the defendant C, the representative of Busan Dong-gu E and six parcels, who are the defendant C, Byung, the buyer, and H Co., Ltd., the contractor, shall enter into a supply contract as follows:
The scheduled date of occupancy: Article 1 (Methods for Sale and Payment) (1) on December 1, 2020 (units: 267,648,000, 289, 952, 000 of the total supply price of the building site and the total supply price of the building site (units: 267,648,000,600,000 (2) on December 15, 2017 at the second time on the date of the first contract, the payment schedule and the balance of the down payment and the down payment (the designated date of occupancy) of the first contract.