logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2015.11.20 2015가합769
부당이득금
Text

1. The Defendant: (a) KRW 405,50,000 for the Plaintiff and 6% per annum from January 27, 2015 to November 20, 2015; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company established with the purpose of collecting and recycling clothes for the purpose of business, constructed a manufacturing place on the ground C in Yangyang-si, Nam-si, where a violation of the Building Act against the above manufacturing place was discovered, and issued a corrective order and a non-performance penalty order.

B. For the purpose of establishing a new site for the relocation of a manufacturing place, the sales contract of approximately 4,297 square meters (hereinafter “instant first sales contract”) among the 6,184 square meters (hereinafter “instant land”) in Namyang-si, Nam-si (hereinafter “instant land”) was concluded on May 9, 2014. The Plaintiff’s representative director’s “E” is indicated as the buyer and the Defendant as the seller.

According to the first sale contract of this case, the buyer paid KRW 100,000,000 on the date of the contract, the intermediate payment of KRW 100,000,000 on the day of the contract, and the intermediate payment of KRW 780,000 on June 9, 2014, respectively, on August 11, 2014, and there are the following special terms.

1. A seller shall obtain permission of the second-class neighborhood living facilities at 500 square meters and, if not, make a contract null and void at 500 square meters;

Provided, That when the seller obtains a building permit of 500 square meters, the buyer bears 10,000,000 won for the building cost.

2. The balance date shall be three months, and if the authorization or permission is obtained, the purchaser may receive the balance date in advance.

Provided, That the cost of civil engineering works shall be borne by the seller.

3. Where a seller obtains permission for Class II neighborhood living facilities and pays the balance, the seller shall make a change in the name of the buyer;

C. Pursuant to the instant sales contract, the KRW 100,000,000 of the down payment was paid from the account of E (F, deposit note E) on May 9, 2014 to the Defendant’s account. On June 9, 2014, the intermediate payment of KRW 100,000,000 was paid from the Defendant’s account to the Defendant’s account.

As to the first sale contract of this case, the following contents are as follows.

arrow