부당이득금
All appeals filed by both the plaintiff and the defendant are dismissed.
Expenses for appeal shall be borne individually by each person.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s acceptance of the judgment is as follows, except where the plaintiff and the defendant added or added the following: the plaintiff and the defendant’s assertion emphasized or added by this court is identical to the ground of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Of the “1. Basic Facts” portion of the judgment of the first instance, paragraphs (a) and (b) are as follows.
A. On November 30, 2004, the Plaintiff and the Defendant: (a) purchased 1/2 shares in each of the total of KRW 5,000,000 of KRW 212 square meters and KRW 417 square meters (the above two parcels of land are referred to as “each of the instant land”) from the Defendant, Kimhae-si, Kim Jong-si; and (b) paid the Defendant the down payment amount of KRW 5,000,000 on the day of the contract, the Plaintiff and the Defendant drafted a sales contract stating that “the instant sales contract is called the instant sales contract,” and the sales contract under the instant sales contract is “the instant sales contract.”
The Plaintiff did not pay KRW 5 million to the Defendant.
B. Article 6 of the sales contract of this case provides that "if the defendant has entered into a contract, two times the amount received as the down payment shall be paid to the plaintiff, and if the plaintiff has entered into a contract, the down payment shall not be considered to be returned.
‘The' includes the contents.
"The sales contract of this case" in the third part of the judgment of the court of first instance added the following contents in the front of the "the sales contract of this case". "In light of the above facts, it can be recognized that a sales contract of each of the land of this case was concluded between the plaintiff and the defendant, barring any special circumstance.
A person shall be appointed.
2. Additional determination
A. The Plaintiff’s assertion 1 of the parties is the full purchase price, not the down payment, paid by the Plaintiff to the Defendant under the instant sales contract.
Therefore, since there is no down payment itself, it is limited to 5 million won which is stated as down payment in accordance with Article 6 of the sales contract of this case.