부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
(b) include, at the time of addition, the right of execution and the right of retention, all relevant rights and exercise of powers, etc., which, without any separate arrangement, waives absolute waiver;
(hereinafter referred to as "abs")
D. On July 11, 2014, Defendant C sent content-certified mail notifying the Plaintiff and the Defendant A, who is a mandatory agent, of the termination of the first sale contract of this case for the following reasons.
The buyer did not pay any balance by May 30, 2014, and the seller claimed an extension of the payment deadline by June 15, 2014, and requested an extension of the payment deadline by June 15, 2014, but failed to meet the second time limit, and the sales contract was automatically terminated.
E. Around that time, on July 10, 2014, the sales contract for the instant land was newly concluded between Defendant C (seller) and Defendant B (Buyer) (hereinafter “instant second sales contract”). The content of the contract related to the instant case is as follows.
2. Sales proceeds: 460 million won in the terms of a contract* Contract amount: 50 million won in the amount of KRW 50 million in the amount of a loan to be paid at the time of a contract * KRW 364 million in the amount of a loan * the buyer succeeds under the present condition* Balance: 46 million in the amount of KRW 46 million shall be paid on August 26, 2014.
Matters of special agreement - a sales contract under the present facilities.
-70 million won at the time of payment (payment) shall be the cost of construction.
- the purchase after completion of the notarial procedures for waiver of the right of retention - Gap evidence 1, 2-2, 3, 3, 9, 1-3 and 1-2, 2-3, 9 and 1-3, the purport of the whole pleadings.
2. Determination as to the cause of action
A. As to the Plaintiff’s assertion 1 against Defendant A, Defendant A, either intentionally or by negligence, caused damage to the Plaintiff by failing to receive the said construction cost, Defendant A is liable for compensating for the said construction cost equivalent to KRW 196 million. In addition, Defendant A, at the time of the first sale and purchase contract of this case, bears the responsibility for the Plaintiff to pay the said amount of the said report.