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(영문) 수원지방법원성남지원 2015.04.21 2014가단215399

부당이득금

Text

1. The Defendant’s KRW 7,006,796 as well as the Plaintiff’s annual rate of KRW 5% from March 18, 2014 to April 21, 2015.

Reasons

1. Basic facts

A. (1) On April 11, 201, the Plaintiff: (a) sold “Seoul Mapo-gu Seoul building 104 703 dong 703” built and supplied by the Plaintiff to KRW 98 billion; (b) the contract deposit of KRW 45 million was concluded on April 11, 201, which is the contract date, with KRW 454,035,000, which is the contract date, to pay KRW 409,000 for the remainder of the contract to be paid at the time of occupancy in the designated period of occupancy (hereinafter “instant contract for sale”).

(2) The main contents pertaining to the rescission of the instant sales contract are as follows.

Article 9 (Cancellation of Contract) (1) The plaintiff may cancel this contract in case where the buyer has committed an act falling under any of the following subparagraphs:

1. Where the buyer fails to pay the remainder or the remainder within the payment deadline and the plaintiff has taken other procedures, such as the peremptory notice on the performance, but the contract has been cancelled under paragraph (1), the buyer shall restore the apartment of this case, etc. to the original state without delay and order the defendant to do so;

(4) Where a contract is cancelled pursuant to paragraphs (1) 1 through 4, an amount equivalent to 10/100 of the housing price prescribed in Article 1 shall revert to the plaintiff as a penalty (where the buyer of a house is deducted from the down payment paid by him/her, and the down payment is less than 10/100 of the total housing price, the remaining amount after deducting the down payment first from the down payment shall be deducted in the order of the balance

(5) When this contract is terminated, the plaintiff shall refund the penalty prescribed in the main sentence of paragraph (4) and the amount equivalent to 5/100 of the price of housing under Article 1, such as the occupancy deposit, the balance of sale in lots, the late payment charge, etc. that have already been paid by the buyer, after deducting the amount in arrears, such as usage fees for housing calculated on a daily basis, expenses for restoration, management expenses

(3) B is either 18 million won out of the down payment on April 8, 2011 and the down payment on November 1, 201.