logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 군산지원 2021.03.25 2020가합423
부당이득금
Text

The defendant's KRW 550,00,000 to Plaintiff B and about this, 5% per annum from January 12, 2015 to January 26, 2021.

Reasons

Plaintiff

Judgment as to B Claim

A. On January 12, 2015, Plaintiff B entered into a contract with the Defendant (hereinafter “instant exchange contract”) with the following content.

① The Defendant sells to Plaintiff B 1,010,000 the 2nd floor E (hereinafter “new commercial building”) to be constructed on the ground of 1752m2.4m2 (hereinafter “new commercial building land”).

② The sale price of the F.F. 297 square meters (hereinafter “land subject to the instant exchange”) owned by the Plaintiff B and the 550,000 square meters (hereinafter “sale price”) shall be calculated as the sale price of the instant building on the 4th floor (hereinafter “building subject to the instant exchange”) of the concrete and cement brick brick brick slicking roof of the said ground metal and cement brick.

③ Upon entering into the instant exchange contract, Plaintiff B shall transfer the land and buildings subject to the instant exchange to the Defendant as the down payment and intermediate payment for the purchase of the newly constructed commercial buildings of this case.

④ In the event that the construction of the instant new commercial building is unable to proceed due to the circumstances after the instant exchange contract, the Defendant shall immediately pay the Plaintiff B KRW 550,000,000 (hereinafter “instant restitution clause”). (5) The Defendant shall set up a collateral security against the Plaintiff B in the order of priority after a bank is established in the land of the instant new commercial building for a period until the completion of the construction of the instant new commercial building.

2) On January 12, 2015, Plaintiff B delivered the instant building and land to the Defendant, and the Defendant issued a receipt to the effect that the Plaintiff received KRW 550,000,000 as the down payment of the instant new commercial building on the same day.

3) However, the Defendant could not proceed with the construction of the new commercial building of this case, and the Plaintiff B did not complete the registration of the establishment of the right to collateral security on the new commercial building of this case.

4) The Plaintiff B was released from the instant exchange contract pursuant to the instant restitution clause, or was on the ground of the Defendant’s nonperformance of obligations.

arrow