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1. As to the Plaintiff KRW 500,000,000 and its KRW 100,000 among them, the Defendant shall pay to the Plaintiff KRW 400,000,000 from August 30, 2016.
Reasons
1. Basic facts
A. The Defendant was entrusted with the business of newly constructing and selling E hotel (hereinafter “instant hotel”) in Gangnam-si D D (hereinafter “C”) by the company C (hereinafter “C”).
B. On August 31, 2016, the Plaintiff entered into a contract for the supply of the hotel’s neighborhood living facilities, cultural and assembly facilities (hereinafter “sale contract in this case”) with the Defendant to purchase the instant hotel Fho Lake (hereinafter “instantho Lake”) from the Defendant for KRW 1 billion, between the Defendant and the truster C, and the main contents are as follows.
(A) The defendant is the defendant, and Eul is the plaintiff). The indication of the object of the contract for the supply of hotel neighborhood living facilities, cultural and assembly facilities: D Il-si, E Hotel F (united Lamb) building site area, and other public parking lot area area, including the exclusive use area of the site in Gangseo-si, E hotel F, and other public parking lot area / The common use share of the contract area of 63.4400,63.6316. 43. 2857. 284, 159. 1857. 41. 7300 PUB Article 3 [B] ① The loan can be implemented only in the case where Eul applied for part payments for the payment of the supply amount under Article 1 as follows:
Provided, That where the ratio of part payments of a lending financial institution is reduced, the part payments after the amount available for part payments shall be paid on the designated date of the sale, and the seller shall not impose the overdue interest under Article 2 of this Agreement on the part payments carried over to the designated date of the sale
Article 10 [Use of Section for Exclusive Use and Section for Common Use] (1) No Section B shall exclusively use or benefit from public facilities (such as machine rooms, electricity rooms, parking lots, etc.) and ancillary facilities of the objects for sale, nor change the purpose of use, and B shall use or benefit from them at will without the approval of Section A.
(2) The term "exclusive ownership" means the part of living facilities and cultural and assembly facilities which are the object of sectional ownership, and the section for common use means the part of a building which is not the exclusive ownership and the appurtenances attached to a building
C. The plaintiff is indicated in the following table to the defendant.