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(영문) 수원지방법원성남지원 2016.01.19 2015가단19895
분양계약금 등
Text

1. The Defendant’s KRW 73,137,130 as well as 6% per annum from August 18, 2015 to January 19, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 501 of the fifth floor of the C building in Sungnam-si (hereinafter “instant building”) shared 1/2 shares of D and E, respectively, but the Defendant acquired each of the above co-ownership shares from D and E on March 19, 2010.

B. On November 21, 2009, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 517 (12.87 square meters in exclusive use, KRW 7.24 square meters in common on each floor, KRW 7.62 square meters in total, KRW 28.10 in lots, KRW 4.98 square meters in total, KRW 29,325,00 in total, KRW 18,48,00 in remainder, KRW 18,00 in total, KRW 30 in sales contract (hereinafter “the first sales contract”), and around that time, the Plaintiff paid KRW 58,650,00 in total, KRW 0 in total, KRW 20 in sales contract with the Defendant and KRW 20 in total, KRW 541 in each of the instant buildings (hereinafter “the sales contract”). The sales contract with the Defendant and KRW 20 in total, KRW 30,000 in total, KRW 20 in total, KRW 165,000 in total, KRW 16165,2644.16.6.

B. According to Article 5(2) of each of the instant sales contracts, “If the contract is rescinded due to the Defendant’s reasons, the Defendant shall refund the sales contract paid by the Plaintiff to the Plaintiff by applying 7% per annum from the date of initial contract to the date of refund.”

C. A public official in charge of Sungnam-si Office found that the instant building was illegally extended on or around December 2009, and imposed a non-performance penalty on D and E, the owner of the building at the time of March 24, 2010.

On the other hand, from April 1, 2010, the defendant completed the registration of co-ownership transfer to the buyer of the building in this case, and as of the closing date of pleadings in this case, the defendant as to the above building as of the closing date of pleadings in this case.

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