부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On January 20, 201, the Plaintiff entered into a sales contract with the Non-Party Korea Land and Housing Corporation (hereinafter “Housing Corporation”) on the sales price of KRW 1,269,30,000 with respect to the Jinyang-si General Industrial Complex located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Seoul Special Industrial Complex (hereinafter “instant land”), which was created by the Housing Corporation, with the purchase price of KRW 11-3 general factory site in Jin-gu, Jyang-gu, Seoul Special Metropolitan City (hereinafter “instant land”).
Article 6 (Transfer of Ownership) (1) After Gap paid in full the purchase price (including the settlement of accounts), Eul shall transfer the ownership of land to another person.
Article 9 (Cancellation of Contract) (2) A may cancel this contract in any of the following cases:
1. Where A intends to cancel a contract by himself/herself due to his/her own circumstances: Provided, That part of an intermediate payment is paid, it shall be limited to where A consents thereto;
(5) When a contract is terminated pursuant to paragraph (2) 1, Eul shall return to Gap an amount calculated by applying the interest rate (five percent per annum) under Article 379 of the Civil Act to the remainder of the purchase price received from Gap, excluding the contract bond, from the actual payment date to the refund date, and the contract bond shall revert to Eul.
B. Pursuant to Article 32 of the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”), the Plaintiff paid 412,80,000 won (hereinafter “the instant advance payment”) in total, among the sales proceeds for the instant land, to the Housing Corporation as advance payment, and KRW 126,930,00 on January 20, 201, KRW 285,773,280 on July 15, 201, and KRW 96,720 on July 15, 201.
C. On March 12, 2012, the Plaintiff (A), the Defendant (A), and the Housing Corporation (A) concluded a contract on the succession of rights and obligations with the following purport that the Defendant would pay to the Plaintiff the same amount as the instant advance payment, and that the Defendant would succeed to the Plaintiff’s status under the instant contract.
1. The term “sick” means a disease.