부당이득금 반환 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
(a) basic facts.
A. On May 8, 2014, the Plaintiff: (a) sold the same area of 1,438 square meters (hereinafter “instant land”) and the same area of 160 square meters (hereinafter “instant land”); (b) on the same basis, under the status of KRW 20,000,000, 2000, the Plaintiff promised to carry out the construction of 16 households of the said land on the said land (hereinafter “instant land”); and (c) agreed as follows.
(hereinafter “instant sales contract”). 1. The land price shall be KRW 500,000,000. The provisional contract amount shall be paid KRW 3,000,000 on May 8, 2014, and the contract amount shall be fully paid KRW 17,00,000 upon application for permission.
The date of application for permission shall be no more than May 16, 2014.
The terms and conditions of the contract include a loan of KRW 120,000,000 among total purchase price of KRW 500,000,000,000 under the condition of succession, and the obligation of the land of this case does not accrue any more than KRW 120,000,000,000.
* The interest on the agricultural loans from the contract date shall be borne by the Plaintiff.
2. The period of construction shall be completed within six months from the date of the contract.
From May 8, 2014 to October 30, 2014
3. The remainder payment shall be the payment 360,000,000 won, excluding the loan 120,000,000 won and the down payment 20,000,000 won, until October 30, 2014.
The damages for delay due to the delay of construction shall be paid separately to the defendant at least 3% per month.
7. Various charges, taxes, etc. incurred from applying for authorization to completion and sale in the name of the defendant shall be all responsible by the plaintiff, and the plaintiff does not transfer to the defendant in any case.
8. The defendant shall cooperate at the time of the application for the completion of the building and actively cooperate in the completion of the building by full-time cooperation of various documents, etc.
9. When the construction is discontinued for a period of not less than one month for reasons other than natural disasters, the operator and the contractor shall waive the total amount of the money invested, etc. without any conditions, and shall be bound to take place at the site;
* The contractor and subcontractor give up simultaneous lien.
B. The Plaintiff and the Defendant on January 2014