부당이득금
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 20,000,000 against the Defendant (Counterclaim Plaintiff).
The principal lawsuit and counterclaim of this case shall be deemed to be filed together.
1. Basic facts
A. On March 25, 2015, the Plaintiff, a company engaged in a new and renewable energy-related business, its electric generation business, and its incineration business, entered into a sales contract with the Defendant by setting the purchase price of each land listed in the separate sheet owned by the Defendant (hereinafter referred to as “instant land” in the separate sheet), as KRW 813,450,000,000, and paid KRW 30 million for the first down payment on March 25, 2015, and KRW 60,000,000 for the second down payment on April 17, 2015, and KRW 72,345,00,000 for the remainder payment on June 19, 2015 (hereinafter referred to as “instant sales contract”). After concluding the sales contract with the Defendant on June 19, 2015, the Defendant paid KRW 30,000,000 for the first down payment on the day of the instant sales contract.
B. The main contents of the instant sales contract and the special agreement are as follows.
1) If the seller or the purchaser has failed to perform the terms of this contract, the other party may demand in writing the person who has failed to perform the contract and cancel the contract. In addition, the other party may claim damages arising from the cancellation of the contract to each other, and, in the absence of any separate agreement as to the damages, the contract is deemed to be based on the compensation for damages, unless otherwise agreed on the contract.
3) At the time of the first down payment, the seller provides the necessary documents for the authorization and permission so that the buyer can proceed with the authorization and permission as intended for the buyer’s use, and cooperates with the buyer in the case of additional documents. 4) The buyer pays the second down payment and the balance on the designated date. In the event of buyer’s failure to perform the contract, the buyer gives up the full down payment
5) The remainder of the authorization and permission date (on June 19, 2015, even before the buyer completed the authorization and permission for the intended purpose, within one week from the date the urban planning deliberation was obtained.