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(영문) 수원지방법원 2018.02.08 2017나59130

부당이득금

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On April 14, 2016, the Plaintiffs concluded a sales contract with the Defendant to purchase the sales right of E Apartment 106 Dong 2401 (hereinafter “instant apartment”) to be reconstructed on the ground of Seocho-gu Seoul, Seocho-gu (hereinafter “instant apartment”) in KRW 1,330,00,000, and the down payment of KRW 130,000,000, an intermediate payment of KRW 250,000,000, when entering into a contract, and the intermediate payment of KRW 250,000,000, as of May 16, 2016, the remainder payment of KRW 950,00,000, as of July 15, 2016 (hereinafter “instant sales contract”).

The status of receipt of the principal of the moving expenses loan, and the buyer shall succeed it and pay it after deducting from the balance.

Of the contributions of members 129,496,663 won, 38,830,00 won which was paid by the buyer shall be paid separately to the seller at the time of the remainder, and the remainder shall be paid by the buyer.

The above sale amount(1,30,000,000) is the amount excluded from the members' contributions (129,496,663).

amount of previous rights 916,153,337 won, 129,496,663 won, premium of members, 413,846,663 won

B. The terms and conditions of the instant sales contract are as follows.

C. The Plaintiffs paid in full the price under the instant sales contract to the Defendant, and succeeded to the Defendant’s rights and obligations under the instant sales contract (129,496,663) from the Defendant on July 18, 2016.

On the other hand, the apartment reconstruction association of this case included the financial expenses of KRW 250,00,00 (in the case of 35,000,000) for the basic moving expenses out of the 60,000,000,000 (in the case of 35, the business expenses are included in the business expenses, and the financial expenses for the additional moving expenses were determined to be borne

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7 through 11, 22, 31, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The gist of the plaintiffs' assertion lies in the interest on the basic moving expenses of KRW 250,00,000 at the time of the conclusion of the contract of this case, which includes the interest and the share of the members.