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(영문) 서울중앙지방법원 2017.03.30 2016가합566721
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 11, 2016, the Plaintiff entered into a contract with the Defendant to purchase a total of KRW 20,083,100,000 square meters of land in a lot located in Gurisisi, B, etc. and KRW 18,508 square meters of land in a lot located in Gurisi, B, etc., and KRW 4,487.78 square meters of land in total. Of that, the Plaintiff entered into a contract with the Defendant to pay the remainder within 60 days of the contract date and the remainder within 60 days of the contract date.

(hereinafter the above contract is “the instant sales contract,” and the above real estate is “the instant real estate.” As to the cancellation, etc. of the contract in the above sales contract, the following was determined:

Article 9 (Tax Impositions, Management Expenses, etc.) The unpaid management expenses, deposits, unpaid management expenses, etc. for the maintenance and preservation of objects of sale shall be borne exclusively by B regardless of the tax base date, the date of sales contract, the date of designation of the balance payment, the date of occupancy, etc.

Article 11 (Cancellation of Contracts) (2) Where this contract is terminated due to any cause attributable to Party A (Defendant), the full amount of the already paid purchase price shall be paid to Party A, and in such cases, all penalty and interest shall not be paid.

(3) Where this contract is terminated due to a cause attributable to B, the contract bond and damages for delay received by A shall be forfeited to A as a penalty for penalty, and B shall not demand any return or reduction.

(4) In any of the following cases, A may independently cancel a sales contract, and in such cases, A shall return the full amount of the purchase price already paid to B according to the cancellation of a sales contract to B, and shall not pay additional penalty and interest, necessary expenses, beneficial expenses, delay damages incurred to B with respect to the subject matter of the sale, and all other expenses, including expenses paid by B pursuant to Article 9:

2. Where it is impracticable for A to normally transfer ownership to B because a disposition, such as provisional attachment or provisional disposition, (including compulsory execution), on real estate for sale purposes, has been executed after a sales contract was concluded;

3. Other action against A by a truster, beneficiary, or interested person of a real estate for sale.

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