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(영문) 인천지방법원 2020.08.18 2019가합58185
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The defendant is an executor in charge of supplying the sale of the Seo-gu Incheon Metropolitan Building C (hereinafter "the building of this case"), and the plaintiff is a buyer of the unit D located on the second floor of the building of this case (hereinafter "the store of this case").

B. Article 1 (Methods of Price Payment) of the contract for sale between the plaintiff and the defendant is to pay the purchase price to the defendant in the following manner:

Article 7 (Prohibition of Activities) (2) The plaintiff may not alter the contract or use into the category of business other than the enterprise qualified under Articles 6 and 36-4 of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act.

Provided, That if it is intended to change to any type of business other than the type of business at the time of the conclusion of this contract, the written consent shall be sought in advance after consultation with the defendant and the trust company.

(3) The plaintiff shall be held responsible for any civil or criminal damage, such as taxes and public charges, if he/she arbitrarily changes the purpose of use after transfer of ownership, or engages in any other type of business that is not a type of business at the time of conclusion of this contract.

Article 21. Special Agreement 1. The buyer shall consent to any modification of the design and alteration of the use according to the needs of the seller.

(A) On January 18, 2016, the Plaintiff entered into a contract with the Defendant to sell the instant store to KRW 290,513,000 (including value-added tax) (hereinafter “instant sales contract”) on January 18, 2016 (hereinafter “instant sales contract”).

(2) The Plaintiff paid the total purchase price to the Defendant according to the instant sales contract, and completed the registration of ownership transfer on March 20, 2017 for the instant store.

C. The instant case.

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