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(영문) 서울고등법원 2015.05.07 2014나1692
약정금
Text

1.On a request for change in exchange at the time of the trial,

A. The Defendants recognized the Plaintiff as the claimant’s attached Table 4.

Reasons

1. Basic facts

A. The New NN Co., Ltd. (hereinafter “N”) newly constructed Q building (a scale is three stories underground, 11 stories above ground, business facilities, neighborhood living facilities, education and research and welfare facilities, and an aggregate building in the real estate register is included in the O building; hereinafter “O building”) on the ground of 126 households of the partitioned building in Guro-gu Seoul Metropolitan Government. The registration of initial ownership is completed on April 18, 2006 with respect to the 126 households of the partitioned building.

B. On October 7, 2004, the sales contract N on the 3 and 4th floor of O buildings entered into a sales contract with R on October 7, 2004 for the sale of 3,4,066 square meters (1,230 square meters) of O buildings and completed the registration of ownership transfer in the R as to the 301, 302 and 401 square meters of O buildings on July 19, 2006. The main contents of the sales contract are as follows.

Article 1 (Timing of Sales Price and Time of Payment)

1.R shall pay 6,671,388,788 (including value-added tax) the total sale price to N as follows:

667,138,878 won of the intermediate payment of KRW 5,337,11,032 shall be offset against the intermediate payment to be paid by R in accordance with the progress ratio of construction without returning to R, by applying mutatis mutandis the special terms and conditions of Articles 2 and 13 of the real estate sales contract, when the down payment is 667,138,11,032 won of the remainder payment of KRW 667,138,878.

Article 18 (Building Management and Management Companies)

2. The managing body and management guidelines of a commercial building shall be formulated by a manager (management company) designated by the N or N for the revitalization of the commercial building after entering the commercial building in accordance with the building management regulations.

Article 20 (Other Matters)

3.R shall enter into an administrative agency contract with a third party designated by the N or N at the time of sales contract.

C. On October 30, 2006, the management services contract between the Plaintiff and N and R 1 N are assessed against R on October 30, 2006 according to the ratio of the area to be used compared to the total area of management in the case of building owner, and in the case of lessee, it is parked at KRW 11,000 per square meter.

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