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(영문) 대구지방법원 2017.06.21 2016나12920
부당이득금반환
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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim claims additionally filed in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Facts of recognition;

A. On May 2012, the Plaintiff purchased and planned the development of the factory site, and planned to purchase a site for the E-won site in the Gyeongbuk-gun, Gyeongbuk-gun, D, a farming association corporation owned (hereinafter “factory site”).

B. On September 13, 2012, the Plaintiff and the Defendant concluded a sales contract with respect to the attached list of real estate owned by the Defendant adjacent to the factory site (hereinafter “instant real estate”).

(hereinafter referred to as “The sales contract for real estate” - The sales contract for real estate (a certificate No. 1): 7 million won shall be paid and received at the time of the contract: The remainder remaining after deducting the loan shall be paid on December 10, 2012 to the seller on the basis of the contract. Article 5: If the buyer does not pay the remainder, the seller may pay the remainder of the down payment to the seller before he pays the remainder, and the buyer may waive the down payment and rescind this contract.

Article 6:If the seller or purchaser fails to fulfill the terms and conditions of this Agreement, the other party may notify in writing the person who has defaulted and cancel the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be considered as compensation for damages, unless otherwise agreed.

Matters of special agreement

1. The balance date may be fixed on or before December 10, 2012 by the seller and the buyer at a fixed rate; and

(after obtaining factory approval). 2. Loan 25 million won is borrowed from agricultural cooperatives.

3. A contract without authorization or permission shall be null and void.

4. The seller shall actively cooperate with the authorization and permission documents.

“instant contract” refers to “instant contract.”

C. On September 24, 2012, upon the Defendant’s request, the Plaintiff paid KRW 15 million to the Defendant as an intermediate payment under the instant contract.

The Plaintiff filed a lawsuit against the Defendant for the registration of ownership transfer of the instant real estate at the Daegu District Court 2014Kadan25181.

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