부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. The plaintiff asserted as of July 14, 1994 as of the date of the sales contract between the defendant and the plaintiff around July 14, 1994 and as of July 21, 1994. The date of the contract shall be adjusted as of July 14, 1994 in accordance with the entry of the real estate sales contract.
On December 21, 1996, Gyeonggi-gun and 14 parcels, 200,000 Won (hereinafter “the first sale contract of this case”) was entered into, and around December 21, 1996, 200,000 won was additionally purchased from the said real estate (hereinafter “the second sale contract of this case”).
B. The Plaintiff paid the Defendant a total of KRW 380 million under the above sales contract, but the Defendant failed to implement the registration procedure for transfer of ownership under each of the above sales contract.
C. Accordingly, the Plaintiff’s instant lawsuit rescinds each of the above sales contracts. As such, the Defendant is obligated to reinstate the Plaintiff following the cancellation of each of the above sales contracts to the original state, thereby returning the sales price of KRW 380 million.
In addition, the defendant agreed to pay to the plaintiff the amount equivalent to the above purchase price as a result of the settlement of each purchase and sale contract between October 18, 2004 and February 2, 2005. Thus, the defendant is obligated to pay the plaintiff the amount equivalent to the above purchase price in accordance with the above agreement.
2. Claim concerning the first sale contract of this case
A. The judgment on the claim for restitution (1) If the purport of the entire argument is added to the statement in the evidence Nos. 1, 2, and 2-1 of the certificate No. 1 of the obligation to return the purchase price following the cancellation of the sales contract, the plaintiff loaned to the defendant the purchase price of KRW 42 million on November 30, 1993, KRW 30 million on December 30, 1993, KRW 8 million on February 30, 1993, KRW 30 million on February 1994, KRW 110 million on March 1994, and the plaintiff extended the purchase price of KRW 20 million on July 14, 1994 between the defendant and the defendant on July 14, 1994 (hereinafter “instant real estate”).