부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
[1] Meanwhile, the Plaintiff had a large amount of existing debt, making it difficult for the Plaintiff to carry out the instant apartment project through the new loan, and I, the actual operator of the Plaintiff, was to proceed with the instant apartment project through MS. The Plaintiff, who entered into a transfer contract with the Defendant and MS, as follows, and the Plaintiff fully cancel and waives the instant apartment project. The Plaintiff, as a landowner, participated in the agreement with the Plaintiff to enter into a contract for the transfer and acquisition of the instant apartment, and fulfilled the following agreed terms as MS. [the object of transfer] [the object of transfer] ground buildings and business rights on the ground of the instant land (MS shall take over the entire debt of the lien and the Defendant, and transfer only the above ground buildings in the current state where construction was suspended.
A. L. L. L.I.
2. Transfer;
Amount of acquisition and one scope: 2250 million won;
3. Payment of down payment: The balance of cash payment of one billion won: 1.25 billion won shall be paid within six months after an agreement is reached.
* At the same time with a contract amount of one billion won, this contract shall be valid.
4. A claim securing method (Order) AS recognizes that the remaining purchase and sale amount to be paid to the Defendant is KRW 1.25 billion, which is the creditor, KRW 2.5 billion, which has already been established in the name of the obligee, and if the remainder is not paid within six months, the down payment of KRW 1 billion shall be reverted to the Defendant and MS shall not claim the return of the down payment.
On January 7, 2014, the Plaintiff, the Defendant, and MS entered into a transfer contract with the content that the instant apartment and business rights are acquired from the Defendant (hereinafter “instant secondary contract”), and the main content thereof are as follows.
2. However, even after 20, MS did not pay the down payment of KRW 1 billion. Ultimately, the Defendant sent a notice of cancellation of the said transfer contract on the ground that the Defendant did not pay the down payment and remainder to MS around January 27, 2015.
(g) between the Defendant and the v. Symar character.