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(영문) 부산지방법원 서부지원 2018.05.03 2017가합101770

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On June 13, 1984, the Defendant: (a) donated a forest C, 79,576 square meters and D 585 square meters in Busan, Seo-gu; and (b) completed the registration of ownership transfer on June 14, 1984; and (c) purchased a 48.3 square meters in Busan, Seo-gu, Busan, on June 15, 2015, and completed the registration of ownership transfer on the said land on June 18, 2015 (hereinafter referred to as “instant land”).

(2) On March 28, 2016, the Plaintiff and the Defendant entered into a sales contract with the Defendant to purchase the instant land at KRW 330,000,000 (contract amounting to KRW 330,000,000,000 (contract amounting to KRW 2,970,000,000) under a contract, and paid KRW 330,000,000 to the Defendant on the same day (hereinafter “instant sales contract”).

2. The main contents of the instant sales contract are as follows.

6. Where the seller or the purchaser has defaulted with the terms and conditions of this contract, the other party may demand in writing the person who defaulted and rescind the contract;

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1.To verify and conclude a sales contract at present and a certificate of registered matters and a land use planning confirmation Board;

2.The above site civil and construction permits shall proceed in the name of the seller, and the buyer shall bear all the procedures and costs involved in the authorization and permission.

After the sales contract, the seller will cooperate with the necessary documents in relation to the authorization and permission.

At the same time, the change of the authorized person is made in the name of the buyer immediately.

3. The purchaser.