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(영문) 서울고등법원 2015.08.19 2015나2013605

부당이득금반환

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The parties’ status 1) Defendant Ecoer Co., Ltd. (hereinafter “Defendant Ecoer”).

A) 26 units, 3498, Dong-dong, Suwon-gu, Suwon-si (hereinafter referred to as the “instant apartment”).

2) Defendant SK Construction Co., Ltd. (hereinafter “Defendant SK Construction”) is the executor of the new sales business.

(2) On July 17, 2010, the Plaintiff entered into a sales contract (hereinafter “sale contract of this case”) with Defendant Ecobes regarding 102 Dong-dong 1502, among the instant apartment units (hereinafter “sale contract of this case”).

B. The seller of the instant apartment including the Plaintiff shall pay 5% of the sales price on the date of entering into the contract as the first down payment at the time of entering into the sales contract as to each of the instant apartment units, and 5% of the sales price as the second down payment within one month from the date of entering into the contract, and the intermediate payment shall be paid on six installments, and the first installment payment shall be paid on September 14, 201; < Amended by Presidential Decree No. 22426, Nov. 10, 201; Presidential Decree No. 23154, Apr. 11, 2011; Presidential Decree No. 23158, Sep. 14, 2011; Presidential Decree No. 23102, Feb. 10, 2012; Presidential Decree No. 23720, Jul. 10, 2012; Presidential Decree No. 23788, Dec. 10, 2012>

2) The supplying of this real property shall be supplied, and “B” (the buyer shall be referred to as “B”)

(2) The term “B” refers to a bank account designated by “A” and “A” does not have any obligation to notify the payment date of intermediate payment to “B”. The term “B” refers to a bank account designated by “B” and “B” does not have any obligation to notify the payment date of intermediate payment to “B”.

(b).