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(영문) 울산지방법원 2017.11.29 2017가합20315

부당이득금

Text

1. Defendant B’s KRW 270,000,000 as well as 11% per annum from July 4, 2016 to February 3, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On November 5, 2012, the Plaintiff, among real estate, was solicited to make an investment from Defendant B, and entered into a sales contract with Defendant C for purchase of KRW 920,000,000 (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Land Sale Contract

1. Ulsan-dong, Ulsan-gu E-land category of land where real estate is indicated, 1,381.6 square meters;

2.In the sale of the above real estate under Article 1 of the contract terms, the buyer will pay the purchase price as follows:

The payment of the purchase price shall be paid and received at the time of the contract at the time of the contract. The balance of the receiver (F) shall be paid on November 30, 2012 at KRW KRW 920,000,000.

Article 2 (Transfer, etc. of Ownership) A seller shall deliver all documents necessary for the registration of transfer of ownership to a buyer simultaneously with the receipt of the balance of the purchase price and shall cooperate with the procedures for registration, and the delivery date of the said real estate shall be November 30, 201

Article 6 (Non-performance of Obligations and Compensation for Damages) Where a seller or a purchaser has defaulted on the terms and conditions of this contract, the other party may notify in writing the person who has defaulted on the contract and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. A contract knowing that three preliminary injunction registrations have been filed. 2. At the present time, the contract is confirmed and entered into; 3. On-site verification and contract. The seller’s defendant C, agent D, Plaintiff broker G, Defendant B

B. On October 2, 2012, the Plaintiff stated that the Plaintiff paid and received the down payment to Defendant B at the time of the contract under the said sales contract.

It paid KRW 303,00,000 as the purchase price in addition to the purchase price.

The Plaintiff is the Plaintiff.