부당이득금
1. The Defendant (Counterclaim Plaintiff) joints with the Plaintiff (Counterclaim Defendant) KRW 83,00,000, and its amount from July 14, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. The Defendants are owners of Seongbuk-gu Seoul Metropolitan Government D large 9m2 and multi-household multi-family houses with the second floor brick structure above the ground (hereinafter “instant multi-family houses”).
B. On May 4, 2017, the Defendants: (a) leased the first floor of the instant housing to E by setting the lease deposit amounting to KRW 130 million; and (b) the lease period from May 17, 2017 to May 17, 2019.
C. On April 12, 2018, the Plaintiff entered into a sales contract with the Defendants to purchase the instant housing and its site from the Defendants for KRW 600 million (hereinafter “instant sales contract”). The main contents of the said sales contract are as follows. According to the said sales contract, the Plaintiff: (a) KRW 30 million on April 12, 2018; (b) KRW 60 million on April 24, 2018; and (c) KRW 30 million on April 24, 2018; and (d) KRW 50 million on mid-term (payment in April 23, 2018); (b) KRW 50 million on mid-term (payment in April 23, 2018); and (c) KRW 520 million on a deposit basis (payment in May 31, 2018) [Special Agreement]
7. Balance balance (250 million won) with the exception of the total amount of 270 million won for lease on a deposit basis (130 million won for each floor, 140 million won for the second floor, and 20 million won for the second floor).
8. The current seller is a condition that, by March 31, 2019, the seller resides in total of KRW 100 million, of underground Fhos (40 million) and underground Ghos (60 million).
9. By May 31, 2018, the first floor is a condition under which the present seller might express his/her name.
10. Matters not stated in this special agreement shall be governed by the provisions on contracts under the Civil Act and by the general practices of real estate sale and purchase.
11. The current purchaser shall be responsible for the moving time of the first-class tenant and the moving time.
The payment of the intermediate payment of KRW 80 million was made. D.
On May 2, 2018, after the conclusion of the instant sales contract, the Defendants entered into a lease agreement with H on May 2, 2018, stipulating that “40 million won for the lease deposit, the term of lease from May 31, 2018 to May 31, 2020,” and that “the term of lease from May 31, 2018 to May 31, 2020” is between I and I as to the above housing subparagraph (Ga).