부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
In fact, the new friendship Industry Development Co., Ltd. (hereinafter referred to as the "new friendship Industry Development") is a corporation that purchased the first land in Kimhae-si, Kim Jong-si, and has conducted a new business of constructing multi-family housing on the ground (hereinafter referred to as the "instant business"), and the plaintiff is the transferee of the right to implement the instant business.
피고는 김해시 C 답 1557m ^{2}, D 답 2,281㎡ 중 1546/2281 지분, E 답 1,901㎡(이하 통칭하여 ‘이 사건 토지’라 한다)을 소유하였던 자이다.
On June 2, 2006, the development of new friendship industry and the Defendant’s development of new friendship industry concluded a sales contract (hereinafter “instant sales contract”) by purchasing the instant land from the Defendant as follows.
(1) Sales proceeds: 3,087,900,000 won (=the remainder of KRW 302,00,000 for down payment) (2,725,300,000 for the remainder of KRW 302,00 for down payment): The down payment shall be paid at the time of completion of the instant sales contract, and any balance shall be paid until August 2, 2006.
(3) A special agreement: The defendant shall deliver all documents (certificate of seal impression, written consent for land use, and certified copy of resident registration) necessary for the application for approval of a project plan for an apartment complex to the development of a new industry.
On July 7, 2006, New Co., Ltd. paid KRW 347,329,500 to the Defendant, and the said money includes KRW 302,00,000 as the down payment of the instant sales contract.
Upon the cancellation of the instant sales contract, the Defendant restored to the original state following the cancellation of the instant sales contract, issued all documents, such as a certificate of personal seal impression, written consent to land use, resident registration certificate, etc. necessary for the registration of transfer of ownership, and completed the registration of transfer of ownership in the name of the new industry development on December 29, 2006 with respect to the instant land.
If new friendship industry development fails to pay the balance to the defendant by February 20, 2008, the sales contract of this case is deemed to have been terminated, and no objection is raised regarding the reversion of the down payment to the defendant.