logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2019.04.03 2018가단81475
부당이득금
Text

1. The Defendant: (a) KRW 30 million for each of the Plaintiffs, as well as 5% per annum from March 6, 2018 to June 28, 2018; and (b) thereafter.

Reasons

1. On March 2, 2018, the Plaintiffs entered into a sales contract with the Defendant and the Defendant for purchase of the shares of D 832 square meters in Incheon-gun, E 743 square meters, and 76/82 square meters in F 82 square meters (hereinafter “each of the instant lands”) with the following terms (hereinafter “instant sales contract”). On March 2, 2018, the Plaintiffs paid the Defendant KRW 10 million out of the down payment and KRW 50 million on March 5, 2018, respectively.

The purchase price of KRW 590 million - down payment of KRW 60 million - The balance of KRW 539 billion shall be paid on May 30, 2018.

Upon receipt of the balance of the purchase price, a seller shall deliver all documents necessary for the registration of transfer of ownership to a purchaser and cooperate with the registration procedure, and the delivery date of the said real estate shall be May 30, 2018.

Matters of special agreement

4. The condition that Hging in G remains after its land category has been changed to a road after completion: Provided, That the condition that the contract is cancelled without the seller’s condition when the land category has not been changed to a road; 6. Payment of KRW 10 million out of the down payment is paid at the time of the contract and the remaining KRW 50 million is remitted on March 5, 2018.

8. Seller shall receive a written consent to the use of a road section I and four parcels.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination:

A. The Plaintiffs asserted that the instant sales contract was null and void on May 30, 2018, and filed a claim for the return of the down payment amounting to KRW 60 million, which was already paid, by asserting that the instant sales contract had become null and void by May 30, 2018, as stipulated in paragraph (4) of the said special agreement, that “the owner of G land (hereinafter “related land”) did not change the category of the relevant land into a road by May 30, 2018.”

As to this, the Defendant stated on May 30, 2018 the remainder payment date at the time of the instant sales contract, and stated in the special agreement “G the remainder after the change of land category is made to the road after completion.”

arrow