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(영문) 서울동부지방법원 2019.07.24 2018가합114226

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 30, 2008, the Plaintiff entered into a sales contract with the Korea National Housing Corporation (hereinafter “Defendant”) (hereinafter “instant kindergarten site”) by setting the sales price of KRW 1,949,540,000 for the kindergarten site in the sports project district and KRW 911 square meters (hereinafter “instant kindergarten site”), and the main contents thereof are as follows.

4. Timing for use: The cancellation of a contract under Article 10 on February 28, 2008, on the date of concluding a contract for the payment of KRW 94,949,540,00 won 194,954,000 won, 779,816,000 won, 974,770,000 won, and on the date of concluding a contract for the payment of KRW 970,000,000, which is immediately usable. < Amended by Presidential Decree No. 21303, Feb. 28, 2008>

1. Where a buyer of an intermediate payment or any balance fails to pay it by the payment deadline.

2. Where the purpose of the contract is not achieved because the surrender of the target site and the transfer of ownership are delayed for a considerable period of time after the date of conclusion of this contract.

(1) Where a contract has been terminated pursuant to the subparagraphs of Article 10 (1) or paragraph (2) 1 of the same Article, such as a penalty, etc., an amount equivalent to 10/100 of the parcelling-out price, out of the down payment paid by the buyer, shall be reverted to the seller as a penalty.

B. The Plaintiff’s sales contract of this case to the Defendant on June 30, 2008.