(영문) 수원지방법원안산지원 2015.09.03 2014가합7121

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원안산지원 2015.09.03 2014가합7121

부당이득반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2013, the Plaintiff entered into a sales contract of this case with the Defendant, as well as the site B and its ground buildings owned by the Defendant (hereinafter referred to as “instant land”), and the said building is referred to as “instant building”.

2) The sales contract to purchase the purchase price at KRW 4,500,000 (hereinafter “instant sales contract”).

AB concluded the agreement.

The main contents of the instant sales contract are as follows.

Real estate sales contract

2. In the sale of the instant real estate under Article 1 of the terms and conditions of the contract, the seller and the purchaser are to pay the purchase price as follows:

Sales proceeds: 4,500,000 won down payment: 90,000,000 won shall be paid at the time of a contract and the intermediate payment to be received: 50,000,000 won shall be paid on April 30, 2013.

Any balance and loan: The seller of Article 2 (Defendant) who enters into a special agreement shall receive the balance of the purchase price and at the same time deliver all documents necessary for the registration of transfer of ownership and cooperate with the registration procedure, and deliver the instant real estate on June 30, 2013.

Article 5 (Plaintiff) Before the buyer pays the intermediate payment, the seller shall compensate for the amount of the down payment, and the buyer may waive the down payment and cancel this contract.

Article 6 (Defendants or Buyers) In cases of default on obligations under this Agreement, either of the parties to the contract may notify in writing the other party who has defaulted his/her obligations, and may cancel the contract if he/she has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless there is a separate agreement on damages.

2) Meanwhile, the main contents of the special agreement regarding the instant sales contract are as follows. The agreement on the sale and purchase of real estate (land and building) (hereinafter “instant sales agreement”) are as follows.

A person shall be appointed.

2. Financial obligations in the purchase price = 3,780,000,000 = Shin.

유사 판례

-서울고등법원 2016.03.03 2015나2052846

-창원지방법원 2015.08.27 2014가합36276

-제주지방법원 2017.04.12 2016나2222

-서울고등법원 2014.10.23 2014나2010739

-부산지방법원동부지원 2016.10.07 2016가합100804