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(영문) 서울고등법원 2016.12.15 2016나2051246
분양대금
Text

1. Defendant A. Of the part against Defendant A of the judgment of the first instance court, the amount exceeding the amount ordered to pay under paragraph 2 below.

Reasons

1. Facts of recognition;

A. The Plaintiff as a party is an executor and a construction executor of the business of newly constructing and selling D apartment units with a scale of 1,628 square meters on the land of 72,182,593 square meters in Jung-gu, Incheon Free Economic Zone (hereinafter “instant apartment units”).

Defendant A is the buyer of the instant apartment unit 102 Dong 1503, and Defendant B succeeded to the status of the buyer from E on November 8, 2012, the buyer of the instant apartment unit 102 Dong 2202.

B. Around November 6, 2009, the Plaintiff entered into a sales contract and options construction contract with Defendant A and E, respectively (hereinafter “instant sales contract”). Around November 6, 2009, the Plaintiff entered into a sales contract with each of the instant apartment units (hereinafter “instant sales contract”).

2) Upon entering into the instant sales contract, Defendant A paid 32,650,000 won to the Plaintiff as the down payment at the time of entering into the sales contract of this case, at the time of entering into the sales contract of this case, the sales contract of this case (i.e., 102, 1503, 1503, 102, 328,180,000 E, Nov. 6, 2009, Defendant A paid 32,650,000 won to the Plaintiff as the down payment, and the intermediate payment shall be paid in six installments as follows, and the remainder shall be paid on the date of designation of occupancy as determined by the Plaintiff.

The amount of each intermediate payment and any balance specified in the contract for sale in this case and the payment deadline are as follows:

On December 15, 2011, July 15, 201, 201, the remainder of the second part of the second part of the second part of the second part of the second part of the second part of the second part (total of KRW 195,900,000) between Defendant A and Defendant A 32,90,000 won (total of KRW 197,940,000) around 10,610,000 (total of KRW 197,940,000) around May 30, 2010, Defendant A contracts of the Corporation (total of KRW 100,610,000) between Defendant A and the Plaintiff around 20,630,000 (total of KRW 197,940,000) around 30,000,000 and around 205, 2010.

Upon entering into a contract, Defendant A and E respectively paid 2,320,000 won to the Plaintiff, and each remainder of 9,302,000 won to the Plaintiff by the designated date of occupancy. (4) Defendant A and E agreed to pay the instant contract for sale and purchase.

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