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(영문) 창원지방법원 2020.04.08 2019가단6280
분양대금
Text

The defendant's KRW 103,550,000 to the plaintiff and its related KRW 6% per annum from November 1, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The parties concerned are the business implementer who newly built and sold the 14-dong 998 apartment units in Kimhae-si, Kimhae-si (hereinafter “instant apartment”), and the defendant is the purchaser of the instant apartment in sequence who purchased the rights and obligations from one buyer of the instant apartment.

B. On June 20, 2015, the Plaintiff entered into the sales contract and options construction contract of the instant apartment with D on June 20, 2015, the sales contract and the construction contract for balcony expansion options contract with the sales price of KRW 318,500,000 for the instant apartment among the apartment units (hereinafter “instant sales contract”) with D (hereinafter “instant sales contract”) with the sales contract and the construction price of KRW 11,90,000 for the instant apartment units (hereinafter “instant sales contract”).

(2) According to the instant sales contract, D agreed to pay the remainder amount of KRW 91,650,00 and the amount of KRW 11,900,000 from the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, and to pay the following delay damages if delay is made. (A) From the expiration date of the occupancy designation period to the expiration date of the occupancy designation period to 31 to 90:0 per annum from the expiration date of the occupancy designation period to 180:0 per annum from the expiration date of the occupancy designation period to the expiration date of 181 to 180:0 per annum from the expiration date of the occupancy designation period to 181:00,000 and from the expiration date of the occupancy designation period to 10% per annum under the Plaintiff’s consent, D sold the status of the buyer to G in sequence in succession, and the above G sold its status to the Defendant on October 1, 2018.

C. The Plaintiff completed a pre-use inspection on the instant apartment, and notified the Defendant of the period of designation of occupancy from July 31, 2018 to October 31, 2018 that the remainder, etc. of the sale price should be paid in full and at the same time move into an apartment. However, the Defendant refused to implement the pre-sale inspection on the instant apartment due to the Plaintiff’s voluntary change in design, etc., which led to the decline in the value of the apartment.

Part of the instant sales contract.

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