(영문) 서울서부지방법원 2015.12.18 2015가단222930

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(영문) 서울서부지방법원 2015.12.18 2015가단222930

부당이득금

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. A. On or around December 2009, Plaintiff A entered into a contract with each of the Defendant and the Seoul, around July 2010, under which each of the instant stores (hereinafter “each of the instant stores”) purchase KRW 91,305,00 (including value-added tax) from the 16th, May 24, 201, Plaintiff B entered into a contract with each of the Defendant on the 16th, May sales facilities and business facilities (D; hereinafter “the instant building”) of the 16th, May 5th, 200, and D062 below each of the instant stores (hereinafter “each of the instant stores”) and paid the sales price in full, and the Plaintiff A completed the registration of ownership transfer around July 20, 2010.

B. The instant building was newly constructed on or around August 17, 2005 and the registration of ownership preservation was completed. On or around April 3, 2008, the Defendant divided the instant building into 480 units (exclusive use area 2307.42m2, and 1383m2,78m2) and completed the registration.

Each of the stores of this case that the plaintiffs purchased is 3.96 square meters for their exclusive use and 11.74 square meters for common use.

C. At the time of entering into each of the instant sales contracts, the Defendant prepared a written consent to guarantee payment of earnings with the following contents and offered it to the Plaintiffs:

The details of the written consent to guarantee payment of profits: (The content of guarantee for the liquor industry: (including the profits paid in Ireland) period of 10% per annum in comparison with the basic amount of guarantee for profits (including the profits paid in Ireland): The fixed income amount shall be paid on the last day of each month from the following month of the completion of registration.

Other: (1) The basic amount of profit security shall be the sale price - refund tax - Grandland deposit.

(2) Rent paid by Ireland in the name of the subject matter during the period of guarantee shall be received by the contractor, and the proceeds shall be guaranteed by paying the proceeds from the guaranteed amount and the proceeds of Ireland in the Jeju Pampling Industry.

(3) The deposit in thisland shall be refunded to the contractor to this Ireland upon the completion of the lease period.

The second floor of the instant building is the underground of the building.

유사 판례

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