부당이득금
1. The plaintiff's primary claim added by this court is dismissed.
2. The plaintiff's appeal is dismissed.
3...
1. Basic facts: Article 1 (Supply Amount and Payment Method) ① (1) B (the plaintiff in this case; hereinafter the same shall apply) shall pay the corresponding amount to the bank account under the name of the defendant in this case (the defendant in this case; hereinafter the same shall apply) designated by Gap (the defendant in this case) within the due date for payment as follows.
When concluding a down payment (10%) contract, the second intermediate payment (10%) of KRW 22,44,100 (10%) of KRW 22,44,100 on March 25, 2016, the second intermediate payment (10%) of KRW 22,44,100 on June 25, 2016, the third intermediate payment (10%) of KRW 22,44,100 on September 25, 2016 (10%) (10%) of KRW 4,444,100 on December 22, 2016 (10%) (10%) may be rescinded at least one of the following five intermediate payments (10%) of KRW 22,44,100 on March 25, 201, and the second intermediate payment (10%) of KRW 24,4444,100 on June 24, 2017 (10%) (3) the remainder may be cancelled by at least one of KRW 313634,2034,204,2437.
3. Where obligation to transfer ownership registration for a contract for sale in lots is impossible due to double sale;
4. Where the contractual purpose cannot be achieved due to a violation of other important matters of the contract, and where this contract is rescinded for reasons falling under Article 3 (2) (3), A shall pay 10% of the total amount of the supply price to B as penalty.
On May 9, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 224,411,00 (hereinafter “instant sales contract”) from Pyeongtaek-si Btel 1417 (hereinafter “instant officetel”). The main contents of the instant sales contract are as follows.
B. At the time of the instant sales contract, the Plaintiff paid KRW 22,44,100 to the Defendant as the down payment, and the subsequent intermediate payment was not paid.
C. In addition, at the time of the instant sales contract, the Plaintiff received a final profit payment certificate stating the following contents from the Defendant and LIM Co., Ltd. (hereinafter “LIM”), and LIMs.