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(영문) 대전고등법원(청주) 2017.12.12 2017나125
부당이득금
Text

1. The plaintiff's appeal and the plaintiff's claim as to the defendants extended and added in the trial are all dismissed.

2...

Reasons

1. Basic facts

A. On May 9, 1996, the Plaintiff entered into a sales contract with the content that the Plaintiff purchases each land and its ground buildings located in the Dongjak-gu Seoul Metropolitan Government F and G (hereinafter “instant real estate”) at KRW 1150 million for the purchase price (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the down payment of KRW 60 million to E. The main contents of the instant sales contract are as follows.

In the sale of the instant real estate under Article 2 of the Real Estate Sales Contract Act, the Plaintiff’s down payment of KRW 60 million to pay the purchase price as follows shall be KRW 190 million for the first intermediate payment of KRW 190 million paid on June 20, 1996 and KRW 200 million for the second intermediate payment of KRW 70 million for the remainder payment of August 9, 1996 shall be reimbursed for the double amount of the down payment of the down payment to be paid on August 17, 1996 by E, and the Plaintiff may not claim the return of the down payment after the down payment is null and void and void: Provided, That this shall not apply:

1. E shall require the Plaintiff to submit the necessary documents, as soon as the Plaintiff so requests.

2. Any balance remaining after June 30, 1996 shall be 1.1 billion won.

3. The right to collateral security shall be cancelled when the first intermediate payment is paid in full. 250 million won.

B. On June 21, 1996, June 28, 1996, and August 7, 1996, E sent each notice to the Plaintiff by content-certified mail to the effect that “I will cancel the instant sales contract on the ground that I would not pay the first intermediate payment of the Plaintiff.”

(hereinafter above E’s notice of August 7, 1996 “instant cancellation notice”). C.

Since September 20, 1996, E completed the registration of ownership transfer on the ground of a sales contract dated September 4, 1996 with respect to the instant real estate to I.D.

E Dec. 6, 2015, died on November 6, 2015, and his heir, there are Defendant B (former name: H), Defendant C and D, a spouse.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 7, 8, 9, 12, 13, and 14 (including the number with each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

(a)for non-performance.

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