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(영문) 서울중앙지방법원 2015.07.24 2015가합515061

부당이득금

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On March 7, 2007, the Plaintiff entered into a contract with the Defendant to purchase the land and buildings listed in the separate sheet owned by the Defendant (hereinafter “each of the instant real property”) in KRW 16,952,00,000 from the purchase price. Of these, the Plaintiff agreed to pay the down payment of KRW 1 billion at the same time as the contract was entered into, and the intermediate payment of KRW 2.5 billion may be paid within three months from the contract date, and the balance of KRW 13.4552 billion (value-added tax) shall be paid within six months from the contract date.

(hereinafter “instant sales contract”). B.

In addition, Article 6 of the sales contract of this case provides that "the defendant may terminate the contract by notifying the plaintiff without any separate peremptory procedure when the plaintiff fails to pay the full amount of the purchase price by the outstanding payment date. The termination of contract is immediately effective by the defendant's notification, and the full amount of the down payment is confiscated by the defendant with penalty, and where the plaintiff pays the part payment, the part payment that the defendant received by the defendant is immediately returned to the plaintiff and the contract is terminated, and the plaintiff does not raise any objection, such as compensation for the input

C. The Plaintiff paid the Defendant the down payment of KRW 1 billion per contract date, but failed to pay the intermediate payment and the remainder by the date of the remainder payment agreed thereafter.

On October 1, 2007, the Defendant issued to the Plaintiff a certificate of the content that “The Plaintiff did not pay any balance by September 7, 2007, which was due to the Plaintiff’s failure to pay the remainder, and thus, did not pay any balance up to the present day even after the payment deadline was extended by September 28, 2007.” However, the Defendant issued a notice of the cancellation of the sales contract after reverting the entire down payment paid by the Plaintiff under Article 6 of the instant sales contract to the Defendant.

E. After that, the Plaintiff requested the Defendant to re-purchase each of the instant real estate, and this case’s letter of undertaking with the following contents.