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Reasons
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(영문) 수원지방법원 2017.07.18 2016가합76080
부당이득금
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1. Defendants H and I Co., Ltd. are jointly and severally liable to Plaintiff A for KRW 205,00,000, KRW 207,000 to Plaintiff B, and KRW 200,000 to Plaintiff C.

Reasons

1. Basic facts

A. On May 14, 2015, Defendant H entered into a contract with Plaintiff A to construct a house on the land of the wife population L in the name of Defendant I and sell it to Plaintiff by March 31, 2016, and sell the site.

Defendant H entered into a contract with Plaintiff B, C, D, E, and F for the sale of a house (hereinafter “instant house”) and its site (hereinafter “instant site”) as indicated in the table below, including the above contract with Plaintiff A (hereinafter “instant contract”).

Plaintiff

On May 14, 2015, A (unit of construction: KRW 370,00,00 on May 14, 2015, Defendant H (i.e., the changed contract entered into in the name of Defendant I) of the wife F on March 31, 2016 on the date of entering into a contract for the location of real estate (the unit of construction: KRW 330,000,000 on the condition of advance payment after the intermediate payment) 30,000 on May 10, 2015, Defendant H (the changed rate of KRW 7,00,000 on the condition of KRW 7,00,000 on May 30, 2015; hereinafter, the changed rate of KRW 376,00,000 on October 20, 2014); Defendant H on May 30, 2015 (the changed rate of KRW 370,000 on May 30, 2015, 2015.

B. As the price under each of the instant contracts to Defendant H, Plaintiff A paid KRW 205,00,000 in total, KRW 207,00,000 in total, KRW 200,500 in total, Plaintiff C in total, KRW 156,00,00 in total, KRW 120,000 in total, KRW 120,000 in total, and KRW 150,000 in total, and KRW 150,000 in total, respectively.

C. Meanwhile, Defendant H and I failed to complete the construction work of the instant electric-use housing by the date of sale under each of the instant contracts against the Plaintiffs, and failed to perform the obligation to implement the procedures for the registration of ownership transfer on the instant electric-use housing site.

Accordingly, the Plaintiffs, around January 2016, cancel each of the instant contracts.

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