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(영문) 인천지방법원부천지원 2020.08.14 2019가단105742
매매대금
Text

1. The defendant shall pay 10 million won to the plaintiff and 24% per annum from August 30, 2019 to the day of complete payment.

Reasons

1. Basic facts

A. On July 5, 2019, before the registration of ownership preservation was completed, the Plaintiff, as the land owner in Ansan-si C, and entered into a contract to sell the above land and the above ground buildings to the Defendant on the ground, although the Plaintiff newly constructed the 4th floor commercial building on that ground. The specific details are as follows.

[Land Sales Contract (Evidence A) subject to a contract: The method of paying KRW 910 million for the purchase of land in Ansan-si: the amount of KRW 700 million, which is the secured debt of the right to collateral security, shall be taken over and the remainder of the payment shall be paid KRW 100 million on July 5, 2019 (Evidence A 3). However, although the Defendant asserts that the construction work execution contract (Evidence A 3) was forged, the authenticity is recognized if the result of the written appraisal by the appraiser K is added to the result of the written appraisal by the appraiser K as stated in the evidence No. 8.

Basic Information: The new construction of commercial housing is completed by August 31, 2019 and the construction cost is KRW 910 million: the down payment is paid at the time of the contract. The intermediate payment is KRW 639 million until August 9, 2019, and the remainder KRW 180 million after the deposit of the monthly rent is paid immediately before the deposit of the monthly rent is deposited, the Defendant informed the Plaintiff of a new passbook, a seal imprint, and a password.

If the right to enter into a contract on the preceding month is delegated to the Plaintiff, the lease deposit is deposited into the bank account in the name of the Defendant, and if the deposit account on the preceding month is changed without the consent of the Plaintiff before full payment of all the construction expenses is made, the additional dues with the annual interest rate of 24% shall be applied to the

[Attachment (No. 6)] Monthly rent shall be responsible for the Plaintiff until the monthly rent exceeds the interest cost for the loan (700 million won).

The elevator management expenses shall be paid by the plaintiff up to August 2019, and the first introduction fee during the preceding month shall also be paid by the plaintiff.

Any balance (the monthly rent deposit, the KRW 180 million) shall be responsible for and deducted by the Plaintiff.

B. On July 5, 2019, the Plaintiff completed the procedure for the registration of ownership transfer of the land in the future of the Defendant, and completed the commercial house in August 29, 2019 and completed it in the name of the Defendant.

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