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(영문) 창원지방법원 2020.04.23 2019가단6112
분양대금
Text

1. The Defendant’s KRW 102,550,00 for the Plaintiff and 6% per annum from November 1, 2018 to May 20, 2019.

Reasons

1. Basic facts

A. The pertinent Plaintiff 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 person who succeeded to the status of the buyer of the instant apartment from F, who is the buyer of D apartment E (hereinafter “instant apartment”).

B. On June 19, 2015, the Plaintiff entered into the sales contract with the Plaintiff and F, and the Defendant’s succession to the rights and obligations (i) the sales contract and the options construction contract with F on June 19, 2015, concluded a contract for the sales contract and the options construction contract with the instant apartment with the amount of KRW 3550,000,000 for the sales price and the construction cost of the balcony extension contract with the amount of KRW 12 million for the instant apartment (hereinafter “instant sales contract”).

(2) According to the instant sales contract, according to the instant sales contract, the scheduled date of occupancy of the D apartment is June 2018 (a separate notice on the date of designation of occupancy), and the buyer shall pay the remainder of the sale price to KRW 90,1650,000 and the option construction cost to the expiration date of the occupancy designation period. 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. Various damages and public charges arising from the buyer’s failure to complete the ownership transfer procedure and the total amount to be borne by the buyer.

3 G succeeded to the status of the buyer of F on September 11, 2015, and the Defendant succeeded to the status of the buyer of F on July 12, 2018 in succession to the status of the buyer of F from F.

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 this case.

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