beta
(영문) 청주지방법원 2018.09.06 2017가단114443

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 2013, the Plaintiff entered into a sales contract with the Defendant on the content that KRW 50 million out of the sales price shall be paid at the time of the contract, and the remainder shall be paid on December 20, 2013 (hereinafter “the first sales contract”). The Plaintiff entered into a sales contract with the Defendant on the content that, around March 21, 2013, the Plaintiff and the Defendant shall pay KRW 50 million in the sales price for the instant land for the purpose of granting a new construction of a multi-family housing (hereinafter “instant land”). A sales contract with the Defendant on the content that, in order to grant a new construction permit for a multi-family housing, the Plaintiff sold a multi-family housing on the land near the instant land (hereinafter “instant land”). The Plaintiff obtained a consent to use the instant land from the Defendant.

B. In order to obtain a new construction permit for the instant land for the instant business, the Defendant’s consent to use additional 27 square meters among the instant land was required. On April 26, 2013, the Plaintiff and the Defendant entered into a new sales contract with the content that the down payment shall be increased to KRW 80 million among the terms of the first sales contract on April 26, 2013 (hereinafter “second sales contract”), and the Plaintiff received the Defendant’s consent to use the land for a total of 54 square meters, while additionally paying KRW 30 million to the Defendant.

C. On March 30, 2015, while the Plaintiff was unable to pay the remainder, the Defendant expressed his/her intent to pay the remainder to the Defendant. On March 31, 2015, the Defendant notified the Plaintiff of the fact that “the Plaintiff did not pay any balance by February 20, 2013, and the Defendant immediately cancelled the contract by wire after the payment date of the remainder, and the Defendant notified the Plaintiff of the fact that the contract was immediately cancelled after the payment date of the remainder. The down payment may not be claimed pursuant to the agreement on waiver of the down payment, and the Plaintiff may not request the return of the contract after the lapse of two years from the payment date of the remainder.”

While the plaintiff and the defendant continued to dispute over the validity of the second sale contract, on April 8, 2016, the plaintiff and the respondent owned G, which are the plaintiff's husband, the plaintiff's husband, and they transferred I to Seo-gu, Seowon-gu, Seowon-gu, Seowon-gu, Seowon-gu, Seowon-gu, and Seowon-gu, Chungcheongnam-gu.