부당이득금
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.
1. The following facts of recognition shall be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence Nos. 1, 2, 3, 4, and 6:
A. On March 19, 2018, the Plaintiff entered into a sales contract with the Defendant that the Plaintiff sold the land in Gwangju City owned by the Plaintiff to the Defendant for KRW 250 million, and the Defendant, on the same day, remitted KRW 27.5 million to the Plaintiff on the same day.
B. On March 20, 2018, the day following the date of the conclusion of the above sales contract, the Plaintiff deposited KRW 55 million, a double of the said down payment, with the Defendant as the principal deposit, and notified the Defendant of the cancellation of the said sales contract.
2. The plaintiff's assertion
A. The remaining payment date under the instant sales contract is three days after the date of the sales contract. At the time of the conclusion of the sales contract, the Defendant, the buyer, without being present, did not indicate an agent in the sales contract when the real estate agent entered into the sales contract on behalf of the Defendant, and did not deliver the original copy of the sales contract or a description verifying the object of brokerage, etc., and the sales price is considerably low compared to the neighboring market prices. Thus, the instant sales contract is null and void as there is a procedural defect and it is remarkably unfair in terms of the Plaintiff’s old-age and k
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 27.5 million (= KRW 55 million - 27.5 million) calculated by deducting the Defendant’s payment from the Defendant’s deposit to the Plaintiff as the down payment amount to KRW 27.5 million (i.e., KRW 55 million) and damages for delay.
B. Even if the instant sales contract is valid, in light of the following circumstances: (a) the Plaintiff’s old age, and the Plaintiff’s notification of the rescission of the sales contract after approximately four hours after the conclusion of the sales contract, the Plaintiff is excessively harsh to bear the amount equivalent to the down payment as the estimated damages.
Therefore, the defendant is the plaintiff.