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(영문) 부산지방법원 2016.08.25 2014가단255448

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 5, 2011, the Plaintiff entered into a sales contract with the Defendant for KRW 1,550,000,000 for the purchase price of KRW 1,50,000,00 for the purchase price, and KRW 201.5m2, D, 198.4m2, and E, a large scale of KRW 191.8m2 (hereinafter “instant site”).

2) The building on the 7th floor and the 7th floor telecoming (hereinafter referred to as “instant building”).

(2) In the process of purchasing the instant building, the Defendant paid the down payment of KRW 50,00,000 on the day, and the Plaintiff agreed that the intermediate payment of KRW 350,000 shall be paid when the Plaintiff commences the remodeling construction of the instant building, and the remainder KRW 1,150,000 shall be paid in lieu of the acquisition of the collateral security obligations established on the instant building from the Defendant within 23 months in lieu of the remainder of KRW 1,150,000,000 (hereinafter “instant sales contract”).

(2) At the time of the instant sales contract, the Plaintiff entered into an agreement with the Defendant to pay interest on the Defendant’s bank obligations secured by the instant building, etc., and to pay taxes and public charges on the instant building on behalf of the Plaintiff (hereinafter “instant substitute payment agreement”). In addition, the Plaintiff added to the sales contract stating that “the seller is responsible for the termination of the provisional registration right, the seller is responsible for the termination of the provisional registration right, and the closure of the underground singing room and the report on the closure of the business,” and the Plaintiff and the Defendant confirmed that the Plaintiff and the Defendant affix their signatures and seals on the said sales contract.

3. On August 23, 201, the Plaintiff paid KRW 368,00,00 to the Defendant as an intermediate payment, and thereafter, the Defendant bears half of the premium of KRW 20,000,000 for the instant sales contract to be paid to the singingroom lessee of the instant building. The Plaintiff increased the price of KRW 10,000,000, and completed the payment of the remainder to the Defendant on January 30, 2012.