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(영문) 창원지방법원 2020.04.08 2019가단5973
분양대금
Text

The defendant's KRW 102,550,000 for the plaintiff and its related KRW 6% per annum from November 1, 2018 to May 16, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff of the parties is a business implementer who newly built and sold D Apartment 14, 998 households on the land of Kimhae-si, Kimhae-si (hereinafter “instant apartment”). The Defendant is a purchaser of the instant apartment from one buyer of the apartment.

B. On June 17, 2015, the Plaintiff entered into the sales contract and options construction contract of the instant apartment with E on June 17, 2015, the sales contract and the construction contract for balcony expansion options contract with the sales price of KRW 317,500,000 for the instant apartment among the instant apartment units with E (hereinafter “instant sales contract”). (The instant sales contract and the balcony expansion options contract are collectively referred to as “instant sales contract”).

(2) According to the instant sales contract, E agreed to pay the remainder amount of KRW 91,650,00 and the amount of KRW 102,550,000 from the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, and to pay the following damages for delay if delay is made. (a) From the expiration date of the occupancy designation period to the expiration date of the occupancy designation period, 6% per annum from the expiration date of 31 to 90%) to the expiration date of the occupancy designation period, 8% per annum from 181 to 180 per annum from the expiration date of the occupancy designation period to 180) to the expiration date of the occupancy designation period (10% per annum from the expiration date of the occupancy designation period to 10% per annum from the expiration date of the occupancy designation period to the expiration date of 181 to July 28, 2015, E sold the status of the buyer to the Defendant with the Plaintiff’s consent.

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.

Article 19 of the sales contract of this case is as follows.

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