beta
Text
1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. Comprehensively taking account of the following facts: (a) the Plaintiff and the Defendant entered into a real estate sales contract (hereinafter “general sales contract”) with the following terms and conditions around February 5, 2014; and (b) the said real estate sales contract attached to a sales contract for each household (hereinafter “the sales contract for each household”) may be acknowledged under the relevant real estate sales contract.
The total sales amount of real estate under Article 1 (Total Sales Contract) of the "General Sales Contract" shall be KRW 27,928,534,000, including lease deposit and value added tax.
Article 2 (Sales Price) (1) The plaintiff shall pay the total sale price under Article 1 to the defendant as follows:
The Plaintiff succeeds to the remainder of KRW 18,058,534,000 from the date of concluding the intermediate payment of KRW 590,000 to April 21, 2014, the remainder of KRW 18,058,534,000 from the date of concluding the intermediate payment of KRW 950,00,000, when concluding the non-fixed down payment contract of the agreed amount as of the date of the former part payment contract.
Article 3 (Succession to Liability for Defects and Lease) (1) The plaintiff shall be deemed to have entered into this contract after fully aware of the rights, status and use of the subject matter of sale and on-site investigation in detail of the matters related thereto (including public inspection). The defendant shall not be liable for any defects in all rights and defects in the subject matter of sale and purchase.
(2) Where the defendant redeems the lease deposit to the lessee upon the request of the lessee for the repayment of the balance of the number of households of the same kind sold in a lump sum before confirming that the lessee has occupied the leased object and succeeds to the lease contract under the lease contract, the plaintiff shall additionally bear the deposit repaid by the defendant as the balance under Article 2.
All matters arising from lessees, such as lease period, return of deposit for lease, and surrenderance with lessees, shall be handled with the responsibility and expenses of the plaintiff.