양도대금 반환
1.The judgment of the first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 180,000,000 as well as to the plaintiff on June 2012.
1. The reasons why this Court uses this part of the basic facts are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Summary of the assertion
A. The Plaintiff Korea Land and Housing Corporation cancelled the selection of a person to be supplied with D, thereby terminating D’s right to purchase the instant housing site, and the Defendant was unable to perform its duty to enable the Plaintiff to acquire ownership of the housing site subject to the instant right to purchase the housing site according to the instant sales contract.
Since this is attributable to the defendant, the delivery of the copy of the complaint of this case is to cancel the sales contract of this case. The defendant is obligated to restore the original contract to its original state following the cancellation, and pay the plaintiff the above sales price, interest thereon, or delay damages. If the defendant is not attributable to the defendant, the sales contract of this case is impossible to be performed due to a cause not attributable to both parties, and the defendant is obligated to pay the above sales price, interest thereon, or delay damages by returning unjust enrichment to the plaintiff
Furthermore, the Defendant is deemed to have been a malicious beneficiary from the time of receipt of the purchase price. Even if the Defendant is a bona fide beneficiary, the Defendant is also obligated to return legal interest equivalent to the amount acquired by unjust enrichment as a present interest, and even if so, it shall be deemed to have become aware of his/her obligation at the time of receipt of the notice of cancellation of the selection of a person to be supplied at the time of receipt by D on June 18, 2012. From July 1, 2012, the Defendant is obligated to pay legal interest or delay damages as a malicious beneficiary.
B. The Defendant sold to the Plaintiff the “right to become a partner of the association that can be supplied with the block-type detached housing site from the Korea Land and Housing Corporation,” and the instant case.