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Reasons
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(영문) 서울중앙지방법원 2014.11.28 2014가단71185
구상금
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1. The Defendant’s KRW 28,702,559 and KRW 13,309,957 among the Plaintiff and the Plaintiff’s KRW 11.5% per annum from September 5, 2012 to October 4, 2012.

Reasons

1. Basic facts

A. On March 16, 2010, the Plaintiff: (a) sold to Nonparty 715,30,000 the sales price of Dongjak-gu Seoul Metropolitan Government 107dong 301 (hereinafter “instant apartment”); (b) KRW 71,530,00 for the first intermediate payment; (c) KRW 71,530,00 for the first intermediate payment; and (d) the second intermediate payment of KRW 71,530,00 for the second intermediate payment of KRW 71,530,00 for the second intermediate payment of KRW 71,530,00 on April 19, 2010; and (e) the third intermediate payment of KRW 71,530,00 for the third intermediate payment of KRW 71,530,00 on September 15, 201; and (e) the intermediate payment of KRW 71,530,000 on June 15, 2015.

B. Meanwhile, on April 1, 2010, the Defendant succeeded to the rights and obligations under the instant sales contract by the said E.

C. The main contents of the instant sales contract are as follows.

Article 2 (Cancellation of Contract) (1) The plaintiff may cancel this contract after peremptory notice when the defendant committed any of the following acts:

1. Where the plaintiff fails to pay the intermediate payment for at least four consecutive months within the period prescribed by the plaintiff;

2. When he/she transfers his/her rights and duties under this contract to another person or has limited real rights;

3. When the balance is not paid within three months from the expiration of the designated period of occupancy.

4. When he/she is notified of the cancellation of a contract from a related institution because he/she is found to have double prize, irregular prize, etc.;

5. Where he commits an act in violation of the relevant regulations, such as rules on housing supply, the Housing Act, the Enforcement Decree of the Housing Act.

6. In the event of breach of this contract, (5) In the event that the contract is cancelled for reasons falling under Article 2(1)4 and 5 after the conclusion of the contract, and the Defendant’s liability, the Plaintiff shall not pay the portion of the interest on the custody for the amount already paid by

Article 3 (Penalty) (1) A ground falling under Article 2 (1), (2) and (4) shall be applicable.

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