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(영문) 서울중앙지방법원 2020.07.15 2019가합512114
부당이득금 반환
Text

1. All of the plaintiffs' claims against the primary defendant and the conjunctive defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. The Preliminary Defendant F Co., Ltd. (hereinafter “Defendant F”) is the actual executor of the new construction and sale of the H building on the land outside G and four lots (hereinafter “instant commercial building”) in the eternic City, and the primary Defendant E Co., Ltd. (hereinafter “Defendant E”) concluded a land trust contract with Defendant F and entrusted with the sale of the instant commercial building by Defendant F.

B. As indicated below, the Plaintiffs concluded each sales contract for part of the instant commercial buildings with Defendant E as a seller and trustee and Defendant F as a truster (hereinafter “each sales contract of this case”) and paid the first down payment in the account under the name of Defendant E.

Plaintiff

The first down payment A. I. 50,696,204,204 50,997,000 J on March 21, 2017, March 2017, 2017, No. 550,696,204, 504, 50,97,000 BK on March 14, 2017, 550,696, 204, 50,97,000 L on March 14, 2017, No. 5916, 235,555,000 CM on March 59, 2017, No. 5916, May 5, 2017;

C. Although approval for use of the instant commercial building was granted on May 29, 2018, the Plaintiffs did not pay the second down payment and intermediate payment at the due date. Accordingly, Defendant F notified the Plaintiffs on August 17, 2018 of the fact that each of the instant sales contracts was cancelled in the event that they did not pay the first down payment by August 23, 2018.

The Plaintiffs did not pay the remainder of the sales price by August 23, 2018.

Accordingly, on September 5, 2019, Defendant F sent a content-certified mail to the Plaintiffs to the effect that the instant sales contract will be rescinded between the Plaintiffs.

[Reasons for Recognition] The facts without dispute, Gap evidence 2 (including the number with each number; hereinafter the same shall apply), Gap evidence 3, Eul evidence 2, and the purport of the whole pleadings

2. Determination as to Defendant E’s main defense

A. The cancellation of each contract for sale in this case and the return of the first down payment to its original state.

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