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(영문) 서울중앙지방법원 2019.08.13 2019나7173

부당이득금 반환등

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. A. Around February 21, 2018, Defendant D purchased from E the F 1,488 square meters (hereinafter “instant land”) at the time of harmony, and delegated the sale thereof to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) that he/she works as a managing director without completing the registration of ownership transfer.

B. The Plaintiff A had an interest in hearing the explanation of the instant land with the Defendant Company through G employees of the Defendant Company that became aware of as a customer at the four-day shop operated by oneself.

The plaintiffs, which are the parties, decided to purchase a book of 66 meters (20 square meters) from the land of this case, and deposited 3020,000 won into the defendant company account on May 11, 2018, respectively, as down payment.

Plaintiff

A found the office of the defendant company following the following day, and prepared a sales contract in the name of the plaintiffs as the representative of the plaintiff company, respectively, and thereafter the plaintiff B found the office of the defendant company on May 14, 2018, and then drafted a sales contract in the name of the defendant company.

The specific terms and conditions of the contract for the plaintiffs are as follows:

(hereinafter referred to as "each of the sales contracts in this case") subject to sale: The seller of each of the instant lands 66 meters (20 square meters) : The seller of each of the instant lands 30,200,000 won (1.15,000,0000 won per square year, 27180,000 won per square year, and 10,000 won per square year, and 15,000,000 won per square year) 4): The remaining payment date of the sales amount: May 15, 2018 (the sales contract in the Plaintiff A is written as of May 14, 2018, but in fact the following day is set as the remainder payment date).

C. On May 25, 2018, the Plaintiffs filed the instant lawsuit claiming the return of the down payment against the Defendants, instead of paying the remainder by the payment date, and instead demanding the rescission of the instant sales contract and the return of the down payment.

Accordingly, the Defendants, on June 14, 2018, concluded the instant sales contract with the Plaintiffs on the grounds of their nonperformance.