beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 24, 2001, the Defendant (including the first C Regional Housing Association, but its name was changed thereafter) entered into a partnership agreement with the Defendant (hereinafter “instant sales contract”) to sell 33 square-type apartment units to KRW 192 million (including KRW 7 million business operating expenses of the association) as a partner between the Defendant (C Regional Housing Association) and the Plaintiff (hereinafter “instant sales contract”).
B. The deceased paid a total of KRW 213,960,000,000 as sales price, etc. by May 18, 2012, including paying the down payment of KRW 10 million and KRW 7 million business promotion expenses to the Defendant on the contract date, but the same year.
9. After the death of 26.26, the Plaintiff succeeded to the status of the deceased’s member through the consultation and division of inherited property.
C. On March 6, 2013, the Plaintiff allocated 202 Dong 802 among the apartment units to be completed in the future through a lottery on March 6, 2013, the Plaintiff refused to pay the remainder after deducting the above-paid money from the increased selling price of KRW 544,53,90. Accordingly, the Defendant issued a disposition to dismiss the Plaintiff from its members on or around September 2013, and sold the said apartment units in general.
The Defendant returned to the Plaintiff only 122,270,987 won (=206,960,960,000 won) remaining after deducting the total of KRW 69,230,113 and the total of KRW 15,458,900 (hereinafter “instant overdue interest” and “individual charges”) from the remainder of payments other than KRW 7 million of the above business promotion expenses (=22,270,987 won (=206,960,960,000-84,689,013 won) and the total of KRW 915,927 won (=12,270,987 won) and the total of KRW 915,927 won (=2,987 won).
[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 6, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion (1) The overdue interest of this case is the deadline agreed by the defendant.