부당이득금반환
1. The Defendants jointly share KRW 56,00,000 with respect to the Plaintiff and 5% per annum from November 28, 2014 to May 22, 2015.
1. Basic facts
A. (1) On October 29, 201, the Plaintiff entered into a sales contract with the Defendants to purchase a total of KRW 450,000 (i.e., KRW 364,560,000 on the instant real estate) (i., KRW 85,440,000 on the instant real estate) as indicated in the separate sheet (i.e., KRW 364,560,00 on the instant real estate). The main contents thereof are as follows.
(A) The remainder of the purchase price for land portion: KRW 364,560,000 (payment at the time of a contract): KRW 324,560,000 (payment at the time of a contract): 324,560,000 (payment on December 15, 201): The remainder of KRW 10,440,000 (payment at the time of a contract) under the instant contract: KRW 75,440,00 (payment on December 15, 201) (2) the Plaintiff paid KRW 50,000 on the date of a contract under the instant contract to the Defendants.
B. (1) The Plaintiff could not pay the remainder by December 15, 201, and the Plaintiff subsequently made it difficult to continue to provide the remainder. On July 19, 2012, the agreement entered into with the Defendants as follows (hereinafter “instant agreement”).
Any balance of KRW 340 million out of KRW 400 million shall be paid on July 19, 2012.
The payment method of the above KRW 300 million is that the defendant borrowed KRW 280 million from the Saemaul Bank of Korea as security for the real estate of this case (interest shall be borne by the purchaser of the loan and the purchaser shall succeed to the loan at the time of the completion of the balance payment), and the remaining KRW 60 million shall be paid in cash by the plaintiff.
The remainder 60,000,000 won shall be paid until November 30, 2012.
However, if the remainder is not paid at the end of the foregoing period, it shall be deemed that the seller’s unilateral cancellation of the contract is the time of the unpaid payment of KRW 60,000,000, and the seller waives the down payment and the intermediate payment and does not raise any civil or criminal objection thereto (hereinafter “instant special agreement”). The buyer (Plaintiff) shall be deemed to have already incurred the delayed payment of the remainder of the contract.