부당이득금
1. The part of the judgment of the court of first instance against the defendant (appointed party) and the appointed party shall be revoked, and the above revoked part shall be revoked.
1. Basic facts
A. On December 11, 2017, the Plaintiff: (a) according to the evidence No. 1 (Real Estate Sales Contract) No. 1 (Real Estate Sales Contract) stated in the separate sheet, which is the joint property of the Defendants, from the Defendant (Appointed Party) and the designated parties (hereinafter collectively referred to as “Defendants”) on December 11, 201; (b) provided that, among the sale objects, the Plaintiff purchased and sells the remainder after deducting 320 square meters from the total horizontal plane at the place of the sale subject matter; (c) according to a special agreement, the real estate No. 27,741m2 listed in the separate sheet No. 3 (Real Estate Sales Contract) was divided from the former Yongnam-gun Forest on December 12, 2017 from the former Yongnam-gun Forest on the part of the sale subject matter.
(hereinafter “instant real property”) purchased a total of KRW 16,8940,000,000.
(hereinafter “instant contract”). The Plaintiff agreed to pay the Defendants the down payment at KRW 30 million on the date of the contract, and the remainder KRW 1389.4 million on March 11, 2018.
B. The written contract of this case is as follows.
Article 6 If the seller or the purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.
In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.
C. On April 17, 2018, the Defendants sent content-certified mail stating that the instant contract will be rescinded to the Plaintiff, and reached around that time.
On April 20, 2018, the Defendants sold the instant real estate to Nonparty C in KRW 168,100,000. On May 4, 2018, the Defendants completed the registration of ownership transfer with respect to the instant real estate to Nonparty C on May 8, 2018 after receiving the full payment of the said purchase price from Nonparty C.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and Eul No. 1 and 1.