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(영문) 서울중앙지방법원 2017.12.07 2017나22475
손해배상(기)
Text

1. Of the judgment of the court of first instance, the amount of KRW 6,750,702 against the Defendant and KRW 13,822,113 against the Plaintiff F and each of the above amounts are against the Defendant.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by considering the whole purport of the pleadings in each entry in Gap evidence Nos. 1-1, 3, 6, 2-2, 2-2, 5-2, 6-1, 3, 6-2, 16-19, 16-19.

1) The Defendant’s sales contract of this case is the Seocho-gu Seoul Metropolitan Government H and the 15th Jtel on the third ground above the 3rd ground below the 15th floor above the 15th floor above the 19

(2) The Plaintiffs concluded a sales contract (hereinafter “each of the instant sales contracts”) with the Defendant and paid the down payment and intermediate payment to the Defendant as follows:

The main contents of the sales contract of this case are as follows: A 301-29,657,730 17,946,380 207,607,604,100 2 C 305- 17,670,670, 370, 106,022, 220 123,692,590 32,92, 3292, 3297, 197,953, 800 230,946,103) and 32,992, 300, 300, 197,953,800 230,946,103): The scheduled date of occupancy: the scheduled date of April 2014 (the scheduled date of commencement of occupancy shall be notified later) Article 5 (the date of commencement and procedure of occupancy).

1. The occupancy period shall be one month from the commencement date of occupancy, and for A (the defendant refers to the defendant) it shall be notified in writing to B 30 days before the commencement date of occupancy;

2. Eul (A) shall pay in full the sale price and the overdue interest thereon within the prescribed period, and shall be issued a certificate of occupancy specifying the occupancy date after submitting all documents requested by Gap;

3. B shall repay a loan or convert a loan to a secured loan prior to occupancy, and where a loan is to be converted to a secured loan, it may be moved into after submitting documents necessary for the transfer of ownership and the establishment of a secured loan.

In addition, various fees, such as guarantee fees and stamp fees, and expenses for creation of collateral mortgage, etc. due to loan, shall be borne by B, and the conditions of loan such as loan limit, loan interest rate, etc. shall be the conditions of the loan bank at the time of conversion of security.

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