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(영문) 서울서부지방법원 2015.09.11 2015가단200923

부당이득금

Text

1. The Defendant: (a) KRW 50,000,000 for the Plaintiff and the Plaintiff’s annual rate from December 12, 2014 to January 21, 2015; and (b) January 22, 2015.

Reasons

1. Basic facts

A. On March 31, 2005, the Plaintiff entered into an apartment supply contract (sale contract) with the Defendant with the content that the total purchase price shall be KRW 376,600,000 with respect to the C Apartment 111 unit (which was changed to 421 unit thereafter) (hereinafter “the apartment of this case”), and that the said sale price shall be paid in the following manner:

The remaining contract amount at the time of concluding the first down payment contract for the down payment (20%) after the date of designation of occupancy of the remainder of the total supply price (20%) intermediate payment (60%) (20%) (205.31. 1. 2. 2. 2. 2. 2. 2. 2. 2005. 3. 3.06. 4. 28. 2006. 4. 2006. 28. 2007.07. 37, 37, 6307, 630, 63037, 630, 63037, 630, 637, 63037, 630, 637, 63037, 637, 6307, 63037, 630, 6307, 6305, 2666.

B. The Plaintiff paid 37,630,00 won for the first down payment on March 31, 2005, the date of the contract for sale, and 37,630,000 won for the remaining contract amount on May 31, 2005. The intermediate payment is appropriated for the intermediate payment loan from the National Bank, but the intermediate payment was paid 16,634,794 won for the intermediate payment on February 11, 2008. The Plaintiff paid 5,630,520,000 won for the intermediate payment and the remainder payment on the same day.

C. On February 19, 2008, the Plaintiff paid the Defendant the late payment of KRW 8,75,260,319 on the aggregate of KRW 5,60,00,00, and received a receipt for full payment and a certificate of occupancy from the Defendant. On February 20, 208, the Plaintiff occupied D on February 20, 2008.

On April 15, 2008, the Plaintiff completed the registration of ownership transfer for the apartment of this case. On the same day, the Plaintiff established the right to collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 180,630,000 in the National Bank, which is an intermediate payment bank of the same day, as the first priority. Meanwhile, the Plaintiff set up the right to collateral security (hereinafter “mortgage”) with the maximum debt amount of KRW 65,00,000 in the future of the Defendant

E. On October 21, 2014, the Plaintiff, while selling the instant apartment to E, agreed to terminate the instant collective security right before November 20, 2014, which is the remainder payment date, and thereafter.