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(영문) 창원지방법원 2019.10.24 2019가단5980
분양대금
Text

1. The Defendant’s KRW 103,550,00 for the Plaintiff and 6% per annum from November 1, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is the implementer of the business that newly constructs and sells D Apartment 14, 998 households on the land of Kimhae-si, Kimhae-si (hereinafter “instant apartment”), and the Defendant is the purchaser of the instant apartment.

B. On June 19, 2015, the Plaintiff entered into a sales contract and options construction contract between the Plaintiff and E with respect to the sales contract and the instant apartment housing F, with the sale price of KRW 305,500,000, and the construction cost of KRW 13,000,000 (hereinafter referred to as the “sale contract and the instant sales contract”) (hereinafter referred to as the “instant sales contract”).

(2) According to the instant sales contract, the Defendant agreed to pay the remainder of the sales price of KRW 91,650,00 and the remainder of the options construction price of KRW 11,900,000 until the expiration date of the occupancy designation period, and to pay damages for delay by applying the following arrears if the remainder of the sales price and the options construction price are in arrears. (A) From the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, 31 to 30% per annum from the expiration date of the occupancy designation period to 90%) 181 to 180 per annum from the expiration date of the occupancy designation period to the expiration date of the occupancy designation period (10% per annum from the expiration date of 91 to 180%) the Defendant’s status as the purchaser of the instant apartment after obtaining the consent of the Plaintiff, and at the same time, after completing the sales contract from September 23, 2015 to the expiration date of the occupancy designation period, the Plaintiff notified the Defendant of the following contents of the sales contract:

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