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(영문) 창원지방법원마산지원 2020.04.21 2019가단104474
분양대금 반환 등 청구의 소
Text

1. The defendant shall pay to the plaintiff the amount of KRW 162,374,91 as well as KRW 154,080,00 among them, from July 18, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On April 8, 2015, the Defendant obtained permission for new construction of “D”, which is an aggregate building of three underground floors, ten floors above ground, and 76 units of a total of 76 units of a commercial building in Yongsan-si, Changwon-si.

On May 11, 2015, the Defendant entered into a contract with the Plaintiff for the sale price of KRW 385,200,000 for D Building E.

(2) The main contents of the instant sales contract are as follows.

Article 1 (Sale Price) (2) The payment date and the amount of the down payment shall be 3,8520,000 won intermediate payment of the first half of the intermediate payment of KRW 3,8522,00 on May 11, 2015, and the remainder of KRW 31,8520,000 on August 31, 2016, and the remainder of KRW 3,8520,000 on August 28, 2017 (the remainder payment date shall be the date of approval for use or provisional approval for use: Provided, That the defendant means the defendant "A" (hereinafter referred to as "the defendant").

) “B” (hereinafter referred to as “A”) means the Plaintiff.

(3) If the date of initial approval or approval of use is changed, "A" shall later notify "B" of the date of approval or approval of use.

(4) “A” shall notify “B” of the date of approval for use or the date of approval for use after the designation of the salesroom occupants.

Article 2 (Late Payment and Compensation for Delay) (1) When the payment of the intermediate payment and the remainder is delayed, the "B" shall pay the late payment charge applying the overdue rate of 20% to the number of days of such delay.

(2) “A” shall read “A” in the order of the appropriation of the proceeds of sale in lots received from “A” in the order of late payment charges, late payment charges, and balance.

(3) "A" shall be deemed to be a clerical error in paragraph (2) 1 in regard to the price already paid if the scheduled date of saleroom occupants prescribed in the main contract was delayed.

The amount calculated by applying the overdue rate prescribed in the Regulations shall be paid as compensation for delay or deducted from the remaining payment.

Article 3 (Transfer of Ownership) (1) "A" shall immediately notify "B" upon completion of the adjustment of public records, and "B" shall be the cost of "B" within 60 days from the date on which the application for transfer of ownership is possible.

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