(영문) 서울고등법원 2020.07.24 2019나2034617

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(영문) 서울고등법원 2020.07.24 2019나2034617

부당이득금반환 등

Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. In around 207, the Plaintiff (former company: V) purchased real estate for the purpose of the Plaintiff’s business was designated as a special planning zone by residents’ proposal, and entered into a sales contract with the real estate owners in the business zone including the Defendant, to purchase and sell each parcel of land from the real estate owners in the business zone including the Defendant, with the land indicated in paragraph (1) of the attached Table No. 1 in the Seoul Special Metropolitan City-dong X-dong District Unit District Unit I (YB Dong-dong), and 15 lots of land (AB district) on that ground.

B. Article 3 (Transfer of Ownership) of the sales contract entered into between the Plaintiff and the Defendant (the Defendant) shall collect the full amount of the purchase price and deliver transfer documents to the Plaintiff.

Article 6 (Failure to Revoke Contract and Violation of Contract) (1) The defendant may not unilaterally terminate, cancel, or cancel this contract unless the plaintiff violates the terms and conditions of this contract.

2. In the event that the Defendant terminates, terminates, or cancels this contract in contravention of this contract, the Defendant shall compensate the Plaintiff for the share of the amount already paid and the required amount (the cost related to the business invested by the Plaintiff).

In the event that the plaintiff violates, this contract shall be null and void, and may not claim the return of the already paid down payment to the defendant.

Article 9 (Contract Terms and Conditions in case of Delay in Payment of Balance Prohibition) (1) The Plaintiff may pay all remainder to the Defendant’s account even before the remainder date.

③ The late payment period under the above Paragraph (1) shall belong to the defendant where ten months have elapsed after the payment of the down payment, and the plaintiff shall accept it.

(4) The defendant may not rescind the sales contract until the period for damages for delay expires.

(5) Where it is impracticable to pay funds on the balance date, 12% per annum of interest for arrears shall be paid.

(10 months have not elapsed). The plaintiff is between the defendant and the defendant on September 12, 2007.

유사 판례

-청주지방법원 2016.09.20 2016가단104333

-대전지방법원 천안지원 2018.06.20 2017가단7145

-서울중앙지방법원 2016.11.30 2015가합516606

-서울중앙지방법원 2015.03.25 2014나9969

-서울중앙지방법원 2017.02.09 2016나13238