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(영문) 서울동부지방법원 2021.03.09 2020가단136918
분양대금
Text

1. The Defendant’s KRW 14,757,364 to the Plaintiff and its related KRW 5% per annum from October 9, 2020 to March 9, 2021.

Reasons

1. Basic facts

A. The Plaintiff is a corporation engaged in real estate implementation business, new sales business, sales agency business, etc.

On January 8, 2018, the Plaintiff entered into two sales contracts with Defendant, Seopopo City C, and E Lodging Facilities (hereinafter “instant building”) for each unit F and G as KRW 159,501,370 (including value added tax) (hereinafter “each of the instant sales contracts”). (b) The instant sales contracts entered into a contract with Defendant, Seopo City C, and D (hereinafter “instant building”). The payment of 10% of the intermediate payment is made on the date of entering into the contract, 60% of the intermediate payment is made on the three-month unit after the down payment, and 30% of the late payment is made at the time of occupancy or completion. The first to fifth intermediate payment was made at a financial institution that entered into the business agreement with the Plaintiff, and the Plaintiff bears the interest on the intermediate payment by the designated date, and the Defendant pays the remainder of the intermediate payment to the Defendant, regardless of the aforementioned loan.

In order to pay the first to the fifth intermediate payment of each of the sales contracts in this case, the Defendant entered into a loan agreement with H and lending interest rate of 6.2% per annum, and payment period of part payments on June 29, 2020.

(c)

The building of this case was completed around February 20, 2020 and the registration of ownership preservation was completed on March 12, 2020.

Until May 11, 2020, the remaining payment date (within 60 days from the date the registration for preservation of ownership is completed, and Article 7 Paragraph (2) of the sales contract of this case) the Defendant failed to pay the 6th intermediate payment and the balance.

On September 25, 2020, the Plaintiff paid the sixth intermediate payments and remainder pursuant to each of the instant sales contracts to the Defendant, and continuously requested the registration of ownership transfer, but notified the Defendant that each of the instant sales contracts was cancelled on the ground that the Defendant did not comply therewith, thereby reaching the Defendant at that time.

(d)

On October 8, 2020, the Plaintiff notified the Defendant of the rescission of the contract.

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