부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's claim
A. 1) On August 10, 2015, the Defendants jointly owned on August 10, 2015, the Defendants are the land (hereinafter “instant land”) 1960 square meters and 4 lots (hereinafter “instant land”).
(1) The sales contract was purchased in KRW 200,000,000 (hereinafter “instant sales contract”).
(2) On the same day, the Defendants paid the down payment of KRW 40,000,00 to the Defendants. (2) In the instant sales contract, the Korea Ltd. and the Defendants determined that “if the seller is in breach of contract, he shall compensate the buyer for the double amount of the down payment with the penalty, and if the buyer is in breach of contract, the buyer shall be deemed the down payment as the penalty and the right to return shall be lost
3) After entering into the above sales contract, a limited liability company monthly deposit Korea received the instant land from the Defendants, and contracted the construction work for the construction work for the construction work for the site for electric power resource, and cut out standing timber from the end of October, 201 to the Maritime Service Co., Ltd., and made flat work using the sckes, and paid KRW 50,627,50 to the Maritime Service Co., Ltd. with the construction work cost. (iv) The Defendants rescinded the said sales contract on the ground that the scke Korea did not pay the balance by September 25, 2015, which is the payment date for the remainder.
5) According to the cancellation of the above sales contract, a limited liability company monthly deposit Korea delivered the instant land to the Defendants. 6) The Plaintiff provided the contract deposit and the construction cost of each of the above construction works to the limited liability company monthly deposit Korea. On August 31, 2016, the Plaintiff acquired the right to claim the return of the contract deposit and the right to claim the redemption of the beneficial cost against the Defendants from the limited liability company monthly deposit Korea.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 17 (including branch numbers, if any) and the purport of the whole pleadings
B. The Plaintiff’s claim for the return of the down payment is assessed against KRW 40,000,000, as stipulated in the instant sales contract.