부당이득금
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. Defendant C Co., Ltd. (hereinafter “Defendant C”) is an executor who constructed and sold the instant officetel building (hereinafter “instant officetel”) in Jung-gu, Incheon. Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that entered into a land trust agreement with Defendant C with a management-type land.
B. On June 7, 2018, the Plaintiff entered into a contract with the Defendants that: (a) the instant officetel E (137,300,000 won (the contract amount of KRW 13,730,000 on the date of concluding the contract; and (b) the intermediate payment of KRW 13,730,000 on five occasions each designated date from May 12, 2017 to September 20, 2018; (c) the remainder of KRW 54,920,000 on each designated date; and (d) the instant officetel E (the payment of KRW 13,730,00 on each designated date of occupancy designation) with the beneficiary B as the truster and the truster; and (e) the instant officetel E (the instant contract referred to as “instant contract”).
C. The Plaintiff paid the sum of KRW 82,380,000 in accordance with the instant contract.
The provisions concerning the cancellation of contract in the contract of this case are as follows.
Article 2(3) The Plaintiff may conclude this Agreement if any of the following causes occurs due to the cause attributable to the Defendant B:
2. Where the defect in a shopping district sold in lots reaches the extent that it is impossible to achieve the purpose of the contract due to its significant difficulty in repairing it; 3) Where the contents of the contract and the difference between the actual construction and the contents of the contract through sale advertisement in lots, etc. reaches the extent that it is impossible to achieve the purpose of the contract because it is remarkably different from the actual construction, and
E. Meanwhile, among the instant officetels, 18A-1 of the 18th square (18A-1, 2, 3, 4 and 18B), the columns were not protruding, and in the case of the 18A-2 type such as the instant room, the columns (hereinafter “the instant columns”) were protruding on the inner wall.
[Reasons for Recognition] contain facts without dispute, Gap evidence Nos. 2 through 7, 10, 12 through 20, below.