beta
Text
1. The Defendant paid KRW 27,168,02 to the Plaintiff KRW 6% per annum from December 24, 2013 to August 13, 2015.
Reasons
1. Indication of claims: To be as shown in the grounds for claims in attached Form;
(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'). 2. Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act).
3. Part concerning partial dismissal
A. The Plaintiff seeking payment of management expenses for the period from the expiration date of the designation period for occupancy to the cancellation date of the sale contract after the expiration date of the designation period for occupancy to 644,240 won.
According to the evidence evidence Nos. 1 and 5, the contract for the sale of B apartment units 2804 dong 3602 (hereinafter “instant apartment unit”) concluded between the plaintiff and the defendant is stipulated in Article 17(3) of the contract for the sale of apartment units 2804 dong 3602 (hereinafter “instant contract for the sale of apartment units”) (hereinafter “instant contract for the sale of apartment units”), and it is recognized that the plaintiff paid 64,240 won for the management expenses for the instant apartment units on August 11, 2014 to the management office.
However, the following circumstances, which are acknowledged by comprehensively considering the evidence and the whole purport of the pleadings, are deemed to be seeking damages equivalent to management expenses, and management expenses cannot be deemed as losses arising from the cancellation of the sales contract where the buyer delays the performance of the obligation to pay the balance or moving in on the premise of existence of the contract. ② The provisions of Article 17(3) of the sales contract of this case are retroactively null and void due to the cancellation of the sales contract of this case. Thus, the defendant does not have the obligation to pay management expenses after the beginning of the sales contract, ③ the plaintiff is free to cancel the sales contract without cancelling the contract where there is any default such as the payment of the purchase price of this case.