부당이득금반환
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 31, 2016, the Plaintiff entered into a sales contract (hereinafter referred to as “instant sales contract”) with the Defendant selling 1,964 square meters of land for a factory in Gyeyang-si (hereinafter referred to as “Cdong”) and real estate on the attached land (hereinafter referred to as “instant factory”), F forest land 1,102 square meters (hereinafter referred to as “F land”), G forest land 486 square meters (hereinafter referred to as “G land”), and each of the said real estate is as follows.
The purchase price: The balance of KRW 100 million (payment at the time of a contract): 60 million (payment on July 29, 2016) (Special Terms and Conditions)
1. When any balance remains, all banking liabilities shall be settled and transferred clean;
2. Any balance shall be paid after the completion of construction;
3. The period of construction shall be two months.
4. Factories shall be used immediately after the contract is concluded;
5. He/she obtains permission for the business of manufacturing F land and G land neighborhood living facilities;
6. If a bank or loan becomes known, its cause shall become null and void;
On May 31, 2016, the Defendant paid the Plaintiff the down payment of KRW 100 million under the instant sales contract.
B. On March 10, 2017, the Defendant concluded the instant sales contract with the Busan District Court to operate a factory for manufacturing liquid fertilizer. Since the Plaintiff did not perform his/her obligation to obtain permission for the manufacturing business of the industry of the right to collateral security and provisional seizure on each of the instant real estate, F land and G land due to the Plaintiff’s delay, the Defendant filed a lawsuit with the Busan District Court stating that “the Defendant shall pay the Plaintiff KRW 26.46 million, including the down payment, KRW 10,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000
The proposal was filed.
Busan District Court on January 24, 2018