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(영문) 인천지방법원 2016.11.24 2016가단228047

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts of recognition are not disputed between the parties or may be acknowledged by taking into account the whole purport of the pleadings in each entry in Gap evidence 1, 2, and Eul evidence 1 to 8:

1) On July 6, 2015, the Plaintiff’s representative director, D is the Plaintiff’s real estate sales contract between the Plaintiff and the Defendants. The Plaintiff’s representative director is the Plaintiff’s real estate of this case from the Defendants, Jung-gu, Seoul.

2) The sales contract to purchase KRW 1.32 billion (hereinafter “instant sales contract”)

2. The remainder of KRW 1.32 billion: the remainder of KRW 1.32 million: the remainder of KRW 1.188 billion (as of September 3, 2015), shall be paid in September 3, 2015.

A) The Plaintiff succeeds to a loan of one billion won from the Defendants. In the event that the purchaser of Article 5 (Cancellation of Contracts) does not have any intermediate payment (in the absence of an intermediate payment agreement), the seller shall compensate for the amount equal to the advance payment, and the buyer may waive the down payment and rescind this contract. If the seller or the buyer is in default on the obligations under this contract, either of the parties to the contract may demand the other party to perform the obligation in writing and rescind the contract. The parties to the contract may claim damages arising from the rescission of the contract against the other party, respectively.

2.The buyer directly confirmed the present state of the land under the contract, and this contract concerns the face of the land injury (land register) and with respect to the area to be increased or decreased on a survey by the buyer, the buyer does not raise any doubt to the seller (including road relation). 3. The buyer is wholly responsible for the authorization and permission related to construction and the lending of financial rights, and the seller is exempted from this obligation.

However, the seller is able to assist the seller at a cooperative level in accordance with the ordinary practice.

4. To re-preparation a written contract by converting a purchaser into a corporation on the date requested by a purchaser;

2 The Plaintiff and the Defendants on July 6, 2015.