부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On July 10, 2014, D entered into a contract with the Defendants for the purchase of 1115 and 1116 units E (hereinafter “instant hotel”) of each total supply price of KRW 168,80 million (hereinafter “instant contract”). Around that time, D paid the Defendants the down payment of KRW 16,80,000 for each unit of the said units, and the relevant provisions of the instant contract are as follows.
Under Article 2 (Cancellation of Contracts) (1) of the Contract-Related Clause (hereinafter “A” is the Defendants, “B”, and “B” are the Samsung Home Co., Ltd., a contractor: < Amended by Presidential Decree No. 2721, Jun. 6, 2016>
2. Where the payment of any balance fails to be made within two months from the expiration date of the designation period for occupancy.
Article 3(Penalties) ① When the contract is terminated due to a cause falling under Article 2(1)(b) and (2), B shall pay A 10% of the total supply price as penalty.
(2) When this contract is terminated for reasons falling under paragraph (3) of Article 2, A shall pay 10% of the total amount of supply as penalty to B.
Article 4 (Resale of Ownership) (1) Resale of the sale right shall obtain the approval of Gap and Byung, and Eul shall enter into a sale contract for the sale right specifying that the comprehensive rights and obligations under this contract shall be succeeded to to by the transferee.
B. On July 17, 2017, the Plaintiff entered into a resale agreement with D to succeed to the rights and obligations of the instant contract (hereinafter “instant resale agreement”). The Defendants and Samsung Home C&C Co., Ltd agreed or consented.
C. As to the hotel of this case, the Defendants are the defendants.