매매대금반환
1. The defendant shall pay 60,500,000 won to the plaintiff and 20% per annum from July 2, 2013 to the day of complete payment.
Comprehensively taking account of the overall purport of the statements and arguments made by Gap 1-5 (including each number), Eul 1, and 4 as to the cause of the claim, the plaintiff entered into a sales contract with the defendant around January 12, 2007 to purchase the right to occupy a commercial building in Gangdong-gu Seoul, Gangdong-gu, Seoul, and paid 55 million won to the defendant on the same day. The plaintiff and the defendant sold the right to occupy a commercial building in the zone of Gangdong-gu at the time of entering into a sales contract, ① this contract was purchased and sold the right to occupy a commercial building in the zone of Gangdong-gu, and ② this right may be sold in five square meters in commercial area. ③ The defendant agreed to actively enter into the sales contract with the defendant for the same act as the right holder of the above zone 1, and the HH Corporation, the executor of the above urban development project, was unable to enter the association by August 2, 2012, and the designation of the plaintiff or the owner of the commercial building was revoked by 201.
According to the above facts, since the Defendant’s sales contract for the permanent membership status against the Plaintiff was in de facto impossible status due to the cancellation of the right to designate the occupancy by the SH Corporation, the contract was lawfully rescinded following the delivery of a copy of the instant complaint containing the Plaintiff’s notice of cancellation or declaration of cancellation on April 15, 2013.
Therefore, the Defendant’s above purchase price of KRW 55 million and the Plaintiff’s legal interest with 5% per annum as stipulated in Article 548(2) of the Civil Act.