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(영문) 서울고등법원 2020.07.02 2019나2050299

부당이득금

Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

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

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant sales contract with E on May 16, 2016, and the F-ground G hotel (hereinafter “instant hotel”) with E scheduled to be newly built as E on May 16, 2016.

(C) As to the sales contract of J and K, the sales contract of this case is set as October 2017 with the scheduled date for occupancy of J and K (hereinafter “instant sales contract”).

Article 3 (Trust Contract and Agency Contract) (1) of the Act on Sale in Lots (E; hereinafter the same shall apply) of the building in lots has entered into a contract with the “sick” (Defendant; hereinafter the same shall apply) under Article 4 of the Act on Sale in lots of the building and Article 3 of the Enforcement Decree of the same Act, and accordingly, the sale price shall be managed by the “sick”. ② The responsibilities of the implementor and seller under this contract shall be on behalf of the contractor and seller, and the “sick” shall carry out, as an agent of the project and trust for the project, the fund management, seal, rights and duties succession contract, etc. entrusted by the “A”. ④ The “B” (the Plaintiff; hereinafter the same shall apply) agrees to transfer the claim for the sale price of the building “B” from the date of transfer in lots to the “Sick” under Article 3 (2) of the Enforcement Decree of the Act on Sale in lots: Provided, That if the sale contract has been terminated due to the cancellation of occupancy or any other cause, the Plaintiff shall not return the amount of the contract to 2.