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(영문) 울산지방법원 2013.09.12 2011가합6980
약정금
Text

1. The plaintiff's rehabilitation debtor treatment-based development corporation shall confirm that the rehabilitation claim is KRW 14,035,000;

2...

Reasons

1. Basic facts

A. The Plaintiff is an occupant who purchased D's main apartment (hereinafter "the apartment of this case") No. 102 4006 dong 102 and 4006, which is located in Ulsan Jung-gu, Ulsan-gu, (hereinafter "the apartment of this case"), and the Daewoo-do Development Co., Ltd. (the rehabilitation company, regardless of the trade name before and after the alteration; hereinafter "the rehabilitation company") prior to the commencement of rehabilitation is the construction works of the apartment of this case, and the construction company of ELsi Construction Co., Ltd. (hereinafter "ELsi Construction Co., Ltd.")

B. There was a dispute over the apartment of this case between the buyers of the apartment of this case and the rehabilitation company and the ELsi case, and the apartment of this case was constructed in bad faith, and the sales price was set high. On March 2010, some buyers including the plaintiff were occupying the apartment of this case (hereinafter referred to as the "occupants of this case"), and the remaining buyers refused to move into the apartment of this case.

(hereinafter referred to as “those who refuse to move into the apartment of this case”)

On January 17, 2011, ELsi case and rehabilitation company agreed that the refusal to move into the apartment of this case, ELsi case and the rehabilitation company share the interest on the loan of the part payment of the apartment of this case, 10% discount of the sales price of the apartment of this case, and the refusal to move into the apartment of this case shall withdraw the civil action against ELsi case and the rehabilitation company, and waive the appeal against the criminal case.

On September 10, 2010, the ELI case shall be exempted from the total interest on the intermediate payment incurred until May 24, 2010, in the name of the ELI case and the rehabilitation company (the representative director in the construction sector).

Provided, That only a household that completely pays the unpaid intermediate payment and the balance before October 31, 2010 shall apply, and the apartment of this case shall be the apartment of this case before the time the sales price is fully paid.

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