(영문) 서울중앙지방법원 2019.12.20 2019가합505796

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(영문) 서울중앙지방법원 2019.12.20 2019가합505796

기타(금전)

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 295,584,130 as well as 12% per annum from February 21, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff and the Defendants entered into a sales contract with the purpose of real estate sale and lease business. The Defendants are buyers who purchased apartment from the Plaintiff. 2) The Plaintiff entered into a sales contract with the Defendants on part of the Eunpyeong-gu Seoul E Apartment Complex (hereinafter “instant apartment”) through D (hereinafter “D”).

3) Upon entering into the instant sales contract, the Plaintiff and the Defendants agreed to suspend the payment of approximately 38% of the sales price and to pay the remainder as the actual amount. The object of the instant sales contract (hereinafter “instant unit”).

(2) On November 15, 2014, the Plaintiff and the Defendants concluded the instant sales contract and set the following special agreements (hereinafter referred to as the “instant special agreement”) upon entering into the sales contract with the Plaintiff on January 19, 2015: F. F. 565,100,000 of the actual payment amount of the purchase price of the object (the original) on the date of the conclusion of the contract; F. 214,732,000; 350,368,00 C. 388,130,000; 139,964,000; 238,173,004).

1. “A” reserves 40% of the total sale price to “B” for a period of five years.

Provided, That where the balance is paid within five months after the sale contract, 38% of the sale price shall be discounted.

2. “A” does not require a separate interest cost, etc. for the reservation amount during the duration of the reservation.

3. “A” shall provide documents necessary for the registration of transfer of ownership where “B” has paid 62% of the total purchase price, other than the reserve funds in paragraph 1 above, within five months.

4. “B” shall be payable to “A” in the event that the market price of this article is above 120 per cent of the total selling price after five years.

If the market price does not reach 120% of the total sale price, the right to claim the reservation amount of “A” shall be claimed.

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