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(영문) 수원지방법원 2014.12.19 2013가합27001 (1)
건물인도등
Text

1. The Defendant’s KRW 76,041,874, and its annual rate from March 22, 2014 to December 19, 2014, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant tried to newly construct and sell the studio building (studio 21 households, and 4 floors) on the instant site D (hereinafter “instant site”). 5 units of the studio building.

B. On February 17, 2012, the Defendant sold at KRW 660,00,00 the instant site and one of the five buildings to be newly constructed by the Defendant (hereinafter “instant building”) to the Plaintiff, but concluded a sales contract with the Defendant to deliver the instant building to the Plaintiff after completing lease and sale of the studio 21 households of the instant building (hereinafter “instant contract”).

Some of the terms of the instant contract are as follows.

Article 1 (Sales Price) The Plaintiff shall pay the purchase price to the Defendant as follows:

The purchase price: The first intermediate payment of KRW 36,000 (payment on the date of the contract): KRW 100,000,000 (payment on the date of the contract): the second intermediate payment of KRW 70,000 (payment until April 16, 2012 after the completion of the registration of transfer of ownership on the site of this case): The remainder of KRW 454,000,000 (payment on May 30, 2012, which is the date of the completion of the building of this case): Provided, That the remainder of KRW 200,000 and KRW 10,000 of the lease deposit shall be offset against the remainder, and the amount of KRW 735,50,00 of the monthly rent shall be deducted from the remainder payment date.

Article 2 (Transfer and Delivery of Ownership) The Defendant shall, upon receiving any balance, provide the Plaintiff with all documents necessary for the registration of ownership transfer and deliver the instant building to the Plaintiff.

Article 3 (Extinction of Liability for Real Estate) (2) The Defendant bears public charges, such as electricity, gas, water supply charges, etc., which occurred in relation to the site and building of this case until the time when the Defendant delivers the site and building of this case, and the public charges that occurred from the following day

The buyer and the defendant of the written agreement recognize the contents of the existing construction works, and the defendant shall complete all the construction works until August 15, 2012.

The defendant completed the lease sale by August 30, 2012 after the completion of construction works, and the buyer on September 1, 2012.

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