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(영문) 대구지방법원 상주지원 2018.02.22 2017가합5392
분양대금반환 등 청구의 소
Text

1. The Defendant’s KRW 192,293,60 for the Plaintiff and KRW 6% per annum from October 1, 2007 to October 11, 2017.

Reasons

1. Facts of recognition;

A. C (hereinafter “C”) is an executor who constructed E facilities located above D and 3 lots (hereinafter “E facilities”) at the time of residence, and F Co., Ltd. (hereinafter “F”) is a fund manager who entered into a real estate security trust contract with C as a fund manager.

B. On November 19, 2005, the Plaintiff concluded a sales contract with C to purchase the F1 story G neighborhood living facilities with the exclusive use area of 23.44 square meters and the contract area of 51.69 square meters with the public use area of 28.25 square meters and 11.71 square meters with the land area of 11.79 square meters (hereinafter “instant real property”) in lots with the sale price of 236,039,000 won (hereinafter “instant sales contract”).

C. Before entering into the instant sales contract, the Plaintiff paid C the sum of KRW 21,481,00,000, which is part of the down payment, to C, and KRW 21,481,100, which is a part of the down payment, before entering into the instant sales contract, and C dealt with the said KRW 21,481,00 on January 12, 2006 as the down payment, and notified C of the date of the intermediate payment, and the Plaintiff fully paid the intermediate payment until October 4, 2006.

The main contents of the instant sales contract are as follows.

(2) If a plaintiff fails to pay an intermediate payment and any balance within an agreed period, he/she shall pay C the late payment charge calculated based on the number of days in arrears by applying the overdue rate of 17% per annum to the amount in arrears. In cases of arrears, the repayment order of the price shall be the order of late payment, intermediate payment, and balance in the order of arrears.

(3) Where C is unable to place salesroom occupants at the scheduled date, C shall pay the overdue charge calculated by applying the overdue rate under the above paragraph (2) to the Plaintiff, or deduct it from the remaining payment, the overdue charge calculated by applying the overdue rate under the above paragraph.

Article 4 (Cancellation of Contract) (2) The plaintiff may cancel this contract if it is impossible to move into within three months from the scheduled date of move into due to any cause attributable to C.

Provided, That it is inevitable, such as an administrative order, not due to a natural disaster or C.

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