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(영문) 울산지방법원 2019.01.08 2017가단60316

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a corporation that operates a comprehensive construction business, etc., and the Plaintiffs are the persons who concluded a commercial building supply contract with the Defendant.

B. On September 2016, the Plaintiffs entered into a contract for the supply of each commercial building and paid the down payment, etc., as follows, with the Defendant with respect to the Ulsan-gu G Apartment Building Complex (hereinafter “Slsan-gu”).

(1) On September 8, 2016, Plaintiff A entered into a contract with the amount of KRW 357,371,00 with respect to the supply of the commercial building Nos. 35,373,00 on September 8, 2016, and Plaintiff B and C entered into a contract with the amount of KRW 271,338,90 with respect to the supply of the commercial building No. 1 on September 9, 2016, and paid KRW 54,267,780 in total on September 9, 2016.

3) On September 26, 2016, Plaintiff D entered into a contract with the supply amount of KRW 376,929,400 with respect to the supply amount of KRW 376,929,40, and paid down payment of KRW 37,692,940.

2. Judgment on the assertion

A. The Plaintiffs asserted as the cause of the instant claim. ① Although the Defendant agreed at the time of entering into the instant shopping district sales contract that they would not sell a commercial building as the same type of business to be sold by the Plaintiffs at the time of entering into the instant shopping district sales contract, it is in violation of the contract so that the same type of business as the Plaintiffs can move into the same business as the Plaintiffs, unlike the first explanation of the parties who would not sell the commercial building at the time of entering into the sales contract, and accordingly, the Plaintiffs are in violation of the contract. ② The Plaintiffs cancelled the instant contract by the delivery of a duplicate of the instant complaint, and ② the Plaintiffs, through the application for the change of the cause of selective claim as of September 21, 2018, notified the Defendant to obtain approval for the use of the instant commercial district until October 5, 2018 and to make a change in the date on which they