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(영문) 서울중앙지방법원 2015.08.13 2014가단5064441

매매대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Indication: The total price of B and 622 square meters (18 square meters): 150,000 square meters (150,000 square meters): the purchaser shall pay the sales price to the selling company the sales price of KRW 15,00,000,000, at the same time, the intermediate payment of KRW 30,000 (105,000,000) paid by January 10, 2014, as follows: < Amended by Act No. 12173, Feb. 6, 2014; Act No. 15683, Feb. 6, 2014>

In the event that the seller has neglected the contract deposit, he shall compensate the buyer for the double of the contract deposit with the penalty, and if the buyer has neglected the contract deposit, the contract deposit shall be regarded as a penalty, and lost

Article 6. The purchaser shall delegate all documents necessary for the transfer of ownership to the selling company when he pays any balance, and the selling company shall register the transfer of ownership to the purchaser after transferring the ownership to the selling company.

Terms and Conditions * Confirmation that this contract is a share contract

1.The down payment shall not be refunded.

2. A person who shall be appointed from among 20% reduction from the site for entry roads;

(The increase or decrease shall be later settled)

3. Documents necessary for authorization and permission shall be actively cooperate in the submission;

(Provided, That the purchaser shall be responsible for the loss incurred due to failure to submit the relevant documents, permission and related documents)

C. On January 7, 2014, the date of the contract, the Plaintiff paid 15,00,000 won for the down payment, and 30,000 won for the intermediate payment on the 10th of the same month, respectively, to the Defendant.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, 15, 19 (including additional number)

2. Determination as to the cause of the claim

(1) The Plaintiff claimed for return of unjust enrichment due to unfair conduct (1) The Plaintiff purchased the instant forest shares worth KRW 800,000 per square year, which is the value of 5.63 times the actual market price due to the rash experience that has no experience in purchasing real estate once, and the Defendant purchased the instant forest shares with little usefulness.