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1. All appeals filed by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal are borne by the Defendant (Counterclaim Plaintiff).
3...
Reasons
1. The reasoning for this part of the judgment of the court of first instance is as follows: (f) Paragraph (1) of the reasoning of the judgment of the court of first instance is as follows: (a) the Plaintiff paid KRW 11,190,000 to the managing body which manages an aggregate building including the instant building (hereinafter “managing body of this case”) on July 2, 2014, except that the Plaintiff paid KRW 11,190,000 to the management body which manages an aggregate building including the instant building” (hereinafter “the management body of this case”); (b) the reasoning for the judgment of the court of first instance
2. Determination on the main claim
A. As acknowledged in the above facts, the instant sales contract provides that the payment deadline for the remainder of the purchase and sale shall be October 15, 2013, and where the execution of the delivery of real estate for the instant building is delayed, it shall be within two months from the “the time when the delivery of the Plaintiff’s object is completed” (Article 3(1)), and further, when the payment of remainder after the “the completion of delivery of the object” is completed, the Plaintiff shall deliver all documents necessary for the registration of the transfer of ownership to the Defendants and deliver the said building to the Defendants as the condition after the delivery of the object is completed (Articles 4 and 6(1)). In full view of these terms and conditions of the contract, the term “the time when the Plaintiff’s delivery of the object was completed”, which serves as the basis for the determination of the payment deadline for the remainder of the object to the Defendants, refers to the time when the Plaintiff acquired possession of the building by delivery from the existing occupant of the instant building, the Defendants shall be liable to pay the Plaintiff the remainder within two months prior to the transfer and delivery.
B. In addition, the sales contract of this case is liquidated damages calculated at the rate of 7% per annum for the delayed period of delay in the payment of the balance.