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1. The Defendant’s KRW 103,550,00 for the Plaintiff and 6% per annum from November 1, 2018 to May 21, 2019, and the following.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties is the implementer of the business that newly constructs and sells D Apartment 14 and 998 households (hereinafter “D apartment”) on the land of Kimhae-si, Kimhae-si, and the Defendant is the purchaser of D apartment units E (hereinafter “instant apartment”).
B. On June 20, 2015, the Plaintiff entered into a sales contract and options construction contract with the Defendant on June 20, 2015, with regard to the instant apartment, the sales contract and the construction cost of the balcony expansion contract with the Defendant at KRW 305,50,000 (hereinafter referred to as the “instant sales contract”) (hereinafter referred to as the “instant sales contract”).
(2) According to the instant parcelling-out contract, the scheduled date of occupancy of the D apartment is June 2018 (the date of the instant parcelling-out contract separately notified), and the buyer shall pay the remainder of the purchase price of KRW 91,650,000 and the option construction price of KRW 11,90,000 by the expiration date of the occupancy designation period, and the Plaintiff shall make a preservation registration within 60 days from the completion date of the D apartment, and the buyer shall complete the registration of ownership transfer at the buyer’s expense within 60 days from the acquisition date, and the buyer shall complete the registration of ownership transfer at the buyer’s expense, and multiple damages and public charges incurred by the buyer without completing the ownership transfer procedure.
C. Upon completion of the instant sales contract, the Plaintiff notified the Defendant of the occupancy designation period after setting the occupancy designation period from July 31, 2018 to October 31, 2018 after obtaining approval for use after the completion of the instant apartment. The Plaintiff notified the Defendant of the occupancy designation period after completely paying the sale price within the said occupancy period.
In the instant sales contract, the sales contract was agreed at 9.78% to 14.78% per annum according to the overdue period, but the Plaintiff received approval for use of the D apartment and notified the buyer of the occupancy.