beta
Text
1. The defendant
A. As to KRW 70,99,454 and its KRW 40,529,170 among the Plaintiff’s petitions and construction, May 31, 2011.
Reasons
1. Facts of recognition;
A. The Plaintiffs, as an executor of the Gyeonggi-dong-gu B-dong Building Project, have a 70% share in the Plaintiff’s petition construction (hereinafter “Plaintiff petition construction”) and a 30% share in the Plaintiff Yangyang Industrial Development Co., Ltd. (hereinafter “Plaintiff Yangyang Industrial Development”), and the Defendant is the buyer who purchased C Apartment 301 Dong 602 from the Plaintiffs.
B. On May 7, 2009, the Plaintiffs concluded a sales contract with D and C Apartment 301 and 602 as KRW 696,60,00,00 for sales price, KRW 34,830,00 for sales price, KRW 5% for sales price, KRW 34,830,00 for the intermediate payment, KRW 69,660,600 for the first time May 2009, and KRW 69,60,000 for the third time, and KRW 60,60,000 for the third time on October 20, 209, KRW 4, KRW 69,660,00 for the fourth time on December 21, 209, KRW 69,00 for the first time on March 29, 2010 for sales contract, KRW 60,660,630,600 for the second time on May 26, 2008.
C. At the time of the conclusion of the contract for sale in lots, the Plaintiffs and D made payment to the Plaintiffs on May 7, 2009 with respect to the interest accrued from the intermediate payment 1, 2, and 3 occasions prior to the date of the designation of occupancy, and D made payment with respect to the interest accrued from the date of the designation of occupancy, and D made payment with respect to the interest accrued from the date of the designation of occupancy to the date prior to the date of the designation of occupancy, and with respect to the interest accrued from the intermediate payment 4, 5, and 6th loans, they made payment with the Plaintiffs from the date prior to the date of the designation of occupancy.
After that, on August 27, 2010, the defendant succeeded to the rights and obligations under the above sales contract from D on August 27, 2010, and the defendant acquired the status of the purchaser of the above apartment house 301 and 602, and succeeded to the rights and obligations related to the loans of D and lending financial institutions with the consent of the lending financial institution.
E. According to the above sales contract, D paid the down payment, and paid the intermediate payment by receiving a loan from a financial institution, and the Plaintiffs stand a joint and several surety for the part payment loan of D and set forth in D 1, 2, and 3.