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1. The Defendant’s KRW 43,400,223 as well as the Plaintiff’s annual rate of KRW 6% from June 25, 2014 to July 3, 2015.
Reasons
1. Indication of claims: To be as shown in attached Form of claims;
(However, ‘creditor' is considered as ‘Plaintiff', and ‘debtor' as ‘Defendant'). 2. Judgment by service by public notice (Article 208(3)3 of the Civil Procedure Act).
3. Part concerning partial dismissal
A. The Plaintiff seeking the payment of KRW 1,579,440 for the management expenses paid on behalf of the Defendant during the period from the date following the expiration date of the designation period of occupancy to the date of cancellation of the sales contract.
According to the evidence evidence Nos. 1 and 5, Article 17 (3) of the contract for the sale of B apartment units 2802, Dong 4602 (hereinafter “instant apartment unit”) concluded between the plaintiff and the defendant (hereinafter “instant contract for sale in lots”) is stipulated as “the defendant shall bear management expenses regardless of whether or not he/she has occupied from the day following the date following the expiration date of the period of designation of occupancy designated by the plaintiff,” and it is recognized that the plaintiff paid management expenses of KRW 1,579,440 for the instant apartment on August 11, 2014 to the management office.
However, the following circumstances can be recognized by comprehensively taking into account the evidence and the whole purport of the pleadings, i.e., ① Management expenses cannot be deemed as losses arising from the cancellation of the sales contract where damages incurred by the buyer due to the buyer’s delay in the performance of the obligation to pay the balance or moving in on the premise of existence of the contract, ② The provisions of Article 17(3) of the sales contract in this case as the cancellation of the sales contract in this case becomes retroactively null and void, and ultimately, the defendant does not have the obligation to pay management expenses from the beginning of the sales contract, ③ the plaintiff can freely choose whether he will not cancel the sales contract in case of default such as the non-payment of the contract, and whether he will claim the payment of the late payment and management expenses, etc., or whether he will cancel the sales contract or to confiscate the penalty. ④ Management