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(영문) 서울고등법원 2017.08.30 2017나2019775

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On January 2, 2015, the Defendant publicly announced the sale of 18,508 square meters of land in number and 4,487.78 square meters of a sectioned building of 31 units of the said land (hereinafter “instant real estate”) out of the Guri-si, which was entrusted by many trusters (trusts), including C, etc., and was in progress on February 5, 2015 by the date of sale, but failed.

B. On February 11, 2016, the Defendant concluded a negotiated contract on the instant real estate at KRW 20,083,100,000 with the Plaintiff, setting the purchase price as KRW 20,083,100. The main contents are as follows.

(hereinafter “instant sales contract”). Article 3 (Methods of Price Payment, etc.) (1) The sales price shall be paid respectively as follows:

It is replaced by a deposit paid to the designated account ( February 2, 16), 10% at the time of the contract for non-high-end down payment contract at the rate of 10% (%) and 2,008,310,000 for the contract for the remainder payment. If a B (hereinafter “B”) fails to pay the price on the date prescribed in paragraph (1) within 60 days after the conclusion of the contract for the remainder payment, it shall be the termination of the contract without any separate notice, and the down payment already paid shall be reverted to A (the Defendant; hereinafter “A”) and in this regard, Eul shall not raise any objection against it.

IX.(Impositions, maintenance fees, etc.) The unpaid management fees, unpaid management expenses, etc. for the maintenance and preservation of objects of sale shall be borne entirely regardless of the tax base date, the sales contract date, the date of designation of the balance payment, the date of occupancy, etc.

Article 11 (Cancellation of Contracts) (2) Where this contract is terminated due to any cause attributable to Party A, the full amount of the already paid purchase price shall be paid to Party A, and in such cases, all penalty and interest shall not be paid.

(3) Where this contract is terminated due to a cause attributable to B, the contract bond and damages for delay received by A shall be forfeited to A as a penalty for penalty, and B shall not demand any return or reduction.

(4) A shall be any of the following cases: