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(영문) 대전지방법원 2018.01.26 2015가단218607

부당이득금

Text

1. The Plaintiff:

A. Defendant A’s KRW 125,207,775 and its related thereto from February 22, 2017:

B. Defendant B shall be KRW 120,062,250.

Reasons

1. Basic facts

A. Daehan Co., Ltd. (formerly changed: 30 COS: hereinafter the same shall apply) concluded each of the following sales contracts (hereinafter each of the sales contracts of this case) between the Defendants and the Defendants to implement an urban development project (hereinafter the urban development project of this case) at Sungnam-si, Sungnam-si. Around that time, the Defendants paid the down payment (hereinafter each of the down payment of this case) respectively.

The Defendant’s Property (Seoul Dong-gu, Sungnam-si) purchase price (cost) 1 A, which was the date of the sale and purchase contract for the subject-matter of land (Seoul-si) 1 A, 657С on November 23, 2009 125,207 m207,7750 m25,207,7752 B E prior to November 19, 2009 and 49 m29 m20,000 m20,062,50 m250 on November 1, 2009

B. The main contents of each of the instant sales contracts are as follows.

Section 1 (Purpose) The purpose of this Agreement is to purchase the real estate (the subject matter of sale) listed in Section 2(1) from “A (the seller)” and to promote an urban development project in Sungnam-si Cdong-gu, Sungnam-si, and on this premise, “A” and “B” closely cooperate and fulfill their mutual rights and obligations, and the interpretation of each of the Articles is corresponding thereto.

Article 10 (Cancellation or Termination of Contract) (1) "A" may terminate this Agreement in any of the following cases:

Where "B" delays the payment of the purchase price for at least 30 days without any justifiable reason, (3) where it is difficult to implement an urban development project any longer due to the amendment of relevant Acts and subordinate statutes, etc. or the public development in the main project site, "A" and "B" shall not be liable for a mutual reason, and this contract shall be automatically terminated.

(4) Where “B” is unable to pay an intermediate payment to “A” by August 14, 2010, this Agreement shall become null and void, and in such cases, “A” shall immediately return the down payment to “B”.

Article 12 (Indemnification, etc.) (1) A contract shall be concluded for reasons attributable to "B".