beta
(영문) 수원지방법원성남지원 2015.03.25 2014가합8079

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 8, 2013, the Plaintiff entered into a sales contract with the Defendant to sell a purchase price of KRW 1.42 million (the contract amount of KRW 140 million on the date of the contract, the intermediate payment of KRW 260 million on the date of May 15, 2013, and the remainder of KRW 1 billion on May 15, 2013, and the remainder of KRW 1.02 billion on July 31, 2013 (hereinafter referred to as the “instant sales contract”) with the Plaintiff to the Defendant for sale of the land (hereinafter referred to as the “instant sales contract”) and its ground (hereinafter referred to as the “instant building”) owned by the Plaintiff to the Defendant, and set the following terms as a special agreement:

1. The seller shall be liable for any transfer on the basis of the balance date when water leakage, etc. occurs due to the deterioration of a building; and the buyer shall be liable for any transfer after the remainder date;

2. Where grounds for restrictions on rights occur on a certified copy before the registration of transfer of ownership is completed, the buyer may cancel the contract, and in such cases, the seller shall immediately refund the amount already paid to the buyer and compensate for 15% of the sales amount separately;

3. Where a purchaser requires a bank loan on the security of this real estate, the seller shall cooperate with him/her prior to the date of remainder of resident registration;

4. A seller shall specify the whole of the present tenants before the remainder date ( July 31, 2013).

5. Matters not stated in this contract shall be governed by the provisions of the Civil Act and the general practices.

B. On April 17, 2013, after the conclusion of the instant sales contract, the instant building was registered as a non-compliant building on the building ledger for the following reasons.

Extension of living without permission for the construction work of 31.7 square meters on a 2-Dong-dong 2-dong 31.7 square meters, residential 1 Dong-dong 2-dong 2-dong 2-dong 2, extension without permission for the construction work of 24.5 square meters on a steel structure of 24.5 square meters on a 2-story 1st floor per week, extension without permission for the construction work of 1st floor, extension without permission for the construction work of 8.4 square meters on a 2-story 2-story 2-dong 2,

C. As the instant building was registered as such, the Plaintiff and the Defendant around May 2013.

참조조문