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(영문) 부산고등법원 2012.11.29 2012나4954
양수금
Text

1. The part against Defendant E in the judgment of the court of first instance and the amount exceeding the following amount ordered to be paid: Defendant A, B, D, F.

Reasons

1. Basic facts

A. The Unaccompanied Comprehensive Engineering Co., Ltd. (hereinafter “Unaccompanied”) newly constructed and sold I apartment (hereinafter “the apartment of this case”) which is an apartment building of 3,000 units on the land of 169,840 square meters and 34 square meters in Nam-gu, Busan. The Plaintiff is a contractor who was awarded a contract for the construction of the apartment of this case from unaccompanied.

The purchase price of each of the contracts of this case by Defendant Dong-ho and Dong-su - the purchase price of this case (or the purchase price of this case) A 115 Dong-ho 2202 Dong-ho 331,50,000 won - November 22, 2006 - 106 Dong 3003, 529,500,000 won - April 22, 2005 - 115 Dong 1801, 442,400,000 won - 110 Dong 402,408,200,000 won 22,961,000 won - 108 Dong 106,407,605,606, 005, - 16.405 Dong-6, 2005

The Defendants entered into a sales contract on the date of the sales contract or the date of underwriting the contract for each of the above units and units of the apartment units listed below in the table, or entered into a contract by succeeding to the status of the buyer (hereinafter “each of the above sales contracts”). On the other hand, Defendant E entered into an additional contract on August 14, 2005 with the Plaintiff for the supply of options, such as home network, with respect to the apartment unit sold by the above Defendant to the Plaintiff.

(hereinafter “instant options contract”). C.

At the time of each of the instant sales contracts, the Defendants agreed to pay the remainder at the time of occupancy: (i) the first down payment with about 5% of the sales price and the second down payment with about 10% of the sales price or 15% of the sales price in installments; and (ii) the intermediate payment with 60% or 65% of the sales price in installments (in the case of 60% of the sales price, 10% shall be divided per one time, and in the case of 65%, 10% shall be divided into 5% and 15% respectively); and (iii) the remainder is to be paid at the time of occupancy. The main contents of each of the instant sales contracts and the instant options contract are as follows.

[each contract for the sale of this case] The implementer refers to "A" and "A".

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