부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Defendant is a seller and a contractor of the building on the ground (hereinafter “instant commercial building”) and 72 lots of land in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and Sungnam-si.
B. On October 23, 2015, E entered into a contract with the Defendant to supply the instant shopping mall Nos. 256,200,000, and paid the sum of KRW 153,720,000 as the down payment and the intermediate payment from October 23, 2015 to July 18, 2017. The Plaintiff acquired the said contractual status as to the instant shopping mall No. 5 from E with the Defendant’s consent on December 12, 2017.
C. On October 23, 2015, G entered into a contract with the Defendant to receive KRW 225,50,000 for the instant shopping mall H, and paid KRW 135,30,000 in total as the down payment and intermediate payment from October 23, 2015 to July 18, 2017. The Plaintiff acquired the said contractual status as to the instant shopping mall H from G on January 17, 2018.
The main contents of each supply contract concerning the shopping mall H and F (hereinafter “instant contract”) are as follows.
Article 5 (Cancellation of Contract and Penalty) (1) A (Defendant) In the event that B (Plaintiff) performs an act falling under any of the following subparagraphs, A (Defendant) has given peremptory notice twice or more for a fixed period of not less than 14 days and has not performed such an act, A (Defendant) may rescind this contract:
1. Where he/she fails to pay the supply price (the second down payment, intermediate payment, and balance) prescribed in Article 1 at least twice consecutively;
2. Where the balance is not paid after the lapse of two months from the expiration date of the fixed period for saleroom occupants.
(6) Where this contract is terminated, Eul shall repay the principal and interest of loan (including the total amount of loan interest, fees, etc. paid on behalf of Eul) to a lending institution where it has obtained a loan from a financial institution Eul according to Eul's guarantee, and Gap shall return it to Eul.