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(영문) 수원지방법원성남지원 2016.05.31 2015가단28516

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant, while implementing the C Housing Site Development Project in Sungnam-si B in Sungnam-si, accepted D land in Sungnam-si, the Plaintiff owned.

B. On December 27, 2013, the Defendant entered into a sales contract to sell the land of this case to the Plaintiff for KRW 900,135,000 (hereinafter referred to as the “instant sales contract”), which is the land for consultation and transfer of the said project district, for KRW 255 square meters (hereinafter referred to as “instant land”). The main contents are as follows.

Article 1 (Sales Price and Method of Payment) (1) The Plaintiff shall purchase the land of this case to the Defendant at the following price, and the Plaintiff shall pay the purchase price to the Defendant in accordance with the following method of payment:

(2) The Defendant shall have paid the second installment of KRW 675,135,000 on June 27, 2014 on the 2014. 135,135,000 on the 1st installment of KRW 810,135,000 on the 2nd installment of KRW 675,000 on the 2nd installment of KRW 675,000 on the 27th day of December 27, 2014; the third installment of KRW 640,000 on 640,000 on the 3nd installment of KRW 640,00 on the 13nd installment on the 205th day of June 27, 2015; the first installment of KRW 405,00 on the 400,000 on the 13nd installment of KRW 4005,00 on the 13nd installment of KRW 2005,000 on the 3nd installment.

Article 2 (Compensation for Delay) (1) If the Plaintiff fails to pay the purchase price (including the settlement money) under Article 1 on the day when the Plaintiff pays it, the delay damages calculated by applying the interest rate of 12% per annum for the total delay period shall be paid to the Defendant.

Provided, That where the total period of delay is less than one month, the interest rate of 8.5% per annum, and where the total period of delay is less than three months, it shall be calculated by applying the interest rate of 10% per annum.

In such cases, the period of delay shall be calculated from the day after payment is made.

(2) The defendant shall be subject to paragraph (1) due to changes in economic conditions, such as fluctuations in market interest rates.