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(영문) 서울중앙지방법원 2016.10.25 2015가합17772
소유권이전등기 등
Text

1. Defendant B’s reconstruction association concluded a sales contract on September 13, 2013 with respect to real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 13, 2013, the Plaintiff entered into a housing supply contract (hereinafter referred to as the “instant sales contract”) with Defendant B’s reconstruction association (hereinafter referred to as the “Defendant Association”) and the Defendant Union signed the said contract with the Plaintiff, which provides the Plaintiff with KRW 400,000,00 (130,000,000,000,000,000 for the sales price (hereinafter referred to as the “instant housing”) out of the new building building D, E, and F, Jung-gu, Seoul (hereinafter referred to as the “instant housing”). The Defendant C Co., Ltd. (hereinafter referred to as the “Defendant Company”) affixed a seal on the said contract as a sales agent and a joint guarantor.

B. On September 13, 2013, the Plaintiff, the Defendants, and Samsung Construction Co., Ltd. (hereinafter referred to as “YIE”) entered into an agreement with the following terms (hereinafter “instant agreement”), and the Defendant Company signed the said agreement as a contractor and a guarantor.

1) Of the sale price of the instant housing, the down payment, intermediate payment, and remainder shall be deposited into the Defendant Cooperative. Of the above payments, the down payment and intermediate payment shall be deposited into the piracy and, in principle, shall be paid at the site by presenting a direct payment plan based on the materials of direct and direct payment of piracy and the materials of direct payment. 2) In the event that piracy is completed, the construction work may be settled by adjusting the construction cost and offset the balance of the

3) As of December 15, 2013, where the Defendant Union delayed occupancy for at least 15 days as of December 15, 2013, damages for delay equivalent to 1/1,000 of the sales price paid in full for the number of delayed days for at least 15 days shall be paid to the Plaintiff. (c) The Plaintiff paid the Defendant Union the down payment of KRW 130 million on September 16, 2013, and the intermediate payment of KRW 100 million on November 6, 2013. (d) The Defendant Company and the piracy paid the Defendant Union the settlement of construction cost (hereinafter “instant settlement agreement”). On October 31, 2013, the written agreement on construction cost settlement (hereinafter “instant settlement agreement”).

1) The construction cost of reinforced concrete construction among the construction cost of the B-built construction work is additional construction cost.

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