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(영문) 서울서부지방법원 2020.02.13 2019나1866
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 17, 2018, the Plaintiff entered into a contract with the Defendant to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant for KRW 300 million (hereinafter “instant contract”).

The relevant contents of this case are as follows.

The purchase price of KRW 300 million and the down payment of KRW 30 million shall be paid on January 29, 2019 when a contract is concluded, the buyer shall take over the lease deposit of KRW 15 million, and the remainder of KRW 250 million shall be paid on January 29, 2019.

Where a seller or a purchaser fails to fulfill the terms and conditions of this contract, the other party may notify the non-performanceee in writing and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of contract respectively, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. A sales contract under the current facilities, and verify and conclude a certificate for registered matters;

8. This real estate is used as an occupation portion of the road, and approximately KRW 700,000 per annum is used.

10. On August 30, 2019, one floor out of the current status of lease shall be the life cycle on the surface of August 30, 2019;

(A) The seller shall attach a letter of commitment with the lessee. 11. The seller shall not renew the contract with the second floor of the lease status.

(Term of lease expires until November 19, 2018). (b)

The Plaintiff paid KRW 30 million to the Defendant on the date of the instant contract.

C. The septic tank of the instant building (hereinafter “instant septic tank”) was laid underground on the interior floor of the first floor. After entering into the instant contract, the Plaintiff became aware of this fact.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C's testimony, purport of whole pleadings

2. The gist of the Plaintiff’s assertion was that the Plaintiff purchased the instant real estate to operate the State-owned water manufacturing facilities.

However, on the first floor of the instant building.

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