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(영문) 부산지방법원동부지원 2019.01.30 2017가단219753
부당이득금
Text

The defendant's KRW 10,95,000 for the plaintiff and 5% per annum from December 22, 2017 to January 30, 2019.

Reasons

1. Facts of recognition;

A. On June 7, 2016, the Plaintiff entered into a sales contract with the Defendant on the purchase price of KRW 530 million with respect to Suwon-gu Busan (hereinafter “instant apartment”) owned by the Defendant, and agreed to receive documents necessary for the registration of the delivery and transfer of ownership of the instant apartment as of August 17, 2016, when the Plaintiff entered into the sales contract with the Defendant on the purchase price of KRW 530 million (hereinafter “instant apartment”). The down payment of KRW 53 million on the date of the contract, the intermediate payment of KRW 50 million on the date of the contract, and the intermediate payment of KRW 50 million on the date of August 17, 2016, the remainder of KRW 427 million on September 2, 2016, and from the Defendant, the remainder payment from the Defendant on September 2, 2016.

B. On August 9, 2016, the Defendant deposited the amount equivalent to KRW 53 million paid from the Plaintiff under the Busan District Court’s Busan District Court Decision 2016Da1718 (hereinafter “Seoul District Court Decision 2016Da1718). On the same day, the Plaintiff sent a certificate of content to the effect that the Plaintiff would not accept the termination of the contract unless the Plaintiff redeems the contract deposit to the Defendant over several occasions. (2) At the end, the Defendant sent the intermediate payment KRW 50 million on August 16, 2016, which is a day before the date of the payment of the intermediate payment, to the Defendant’s account.

3) On August 19, 2016, the Defendant deposited a penalty of KRW 53 million,00,000,000,000 and KRW 50 million,000,000,000,000,000,000,000, which was remitted by the Plaintiff, to the Plaintiff on the same day, and notified the Plaintiff of the additional deposit for payment. (4) On September 2, 2016, the Plaintiff prepared for the remainder on September 2, 2016, and was working for the Defendant at the real estate brokerage office, but did not appear, and on September 5, 2016, the Plaintiff deposited the remainder on September 5, 2016 with the Busan District Court Branch Branch Branch of the Busan District Court and the Plaintiff deposited the remainder KRW 427 million with the Plaintiff on September 1863.

(c).

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