(영문) 인천지방법원 부천지원 2018.06.15 2017가단13054

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(영문) 인천지방법원 부천지원 2018.06.15 2017가단13054

정산금

Text

1. The Defendant’s KRW 50,979,606 as well as its annual 6% from March 23, 2018 to June 15, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 18, 2009, the Plaintiff entered into a contract to sell apartment C apartment D (hereinafter “instant real estate”) to the Defendant (hereinafter “first contract”) and received the down payment of KRW 32,940,000 from the Defendant. The supply contract prepared at the time includes the following:

The scheduled date of occupancy: Article 1 [Method of Payment for Sale Price] of the 2010 Estimated December 2010 (The precise date of occupancy may be altered by the process, and the accurate date of occupancy shall be notified later)

1.(a)

Sale price: 658,630,000 won in total;

(b) Down payment method of KRW 32,940,000: The remainder amount of KRW 362,250,000 for a contract: the date of occupancy designation; and

3. Where a purchaser appropriates part of the supply price under paragraph (1) with a loan from a financial institution arranged by the plaintiff, he shall perform the following matters:

③ The interest on an intermediate payment (within 40%) loan of a financial institution arranged by the Plaintiff to the buyer shall be paid by the Plaintiff by the first day before the date of the designation of occupancy, and the buyer shall pay the Plaintiff the total interest paid by the Plaintiff at the

(6) Where a contract for sale in lots is cancelled due to a cause attributable to the buyer, the buyer shall make a separate payment to the plaintiff for the interest on the loan that the plaintiff paid on behalf of the buyer or deducts the penalty to be refunded to the buyer from the refund

Article 2 (Cancellation of Contracts)

1. The plaintiff may cancel the contract without a separate peremptory notice when the purchaser has committed any of the following acts:

(2) Where the balance is unpaid within three months after the end of designation of occupancy.

4. If the address is changed, the purchaser shall notify the Plaintiff of the fact of the change in writing within ten days.

In the event of failure to perform this, the notification of cancellation of the contract to the purchaser and the expression of intention to the purchaser shall be sent to the previous address, and it shall be deemed to take effect 15 days after the dispatch.

The disadvantage of the buyer is not attributable to the plaintiff.

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