logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.08 2017나60529
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 2007, the Defendants and the Korea Land Trust Co., Ltd. obtained approval from the head of Incheon Seo-gu, Incheon from the head of Seo-gu, Incheon, for the recruitment of occupants on the F apartment newly constructed on the land of the Seo-gu, Seo-gu, D, and Et, sold the said apartment from that time.

B. On September 24, 2009, the Plaintiff sold the said F apartment 105 Dong 203 (hereinafter “instant apartment”) by setting the supply amount of KRW 323,000,000 from the Defendants.

(hereinafter “instant sales contract”). C.

At the time of the conclusion of the instant sales contract, the Plaintiff received loans from the National Bank of Korea (hereinafter “National Bank”) for the payment of intermediate payments under the said sales contract with the Defendants, and agreed that the loans shall be directly received from the National Bank, and the interest accrued therefrom shall be paid after the Defendants assumed.

(hereinafter “instant loan agreement”). D.

The Plaintiff paid the down payment of KRW 16,150,00 (hereinafter “the down payment in this case”), the intermediate payment of KRW 32,300,000 on December 15, 2009 (hereinafter “the first intermediate payment”), and the intermediate payment of KRW 32,300,000 on April 15, 2010 (hereinafter “the second intermediate payment”) in cash from the National Bank on August 16, 2010, and “the third intermediate payment of KRW 32,30,000 from the National Bank” of KRW 32,30,000 on August 16, 2010.

B The part payments were paid to the Defendants, and the total amount of KRW 113,050,000 was paid for the sale price, and the payment was paid for the payment of KRW 1,380,000 in balcony expansion down payment.

E. However, the Plaintiff did not pay the remainder of intermediate payments or remainder upon disputing the effect of the instant sales contract. On December 17, 2012, the Defendants notified the Plaintiff of the cancellation of the instant sales contract on the grounds that the Plaintiff had paid the sales price to the Plaintiff under the instant sales contract for a long period in arrears. On December 27, 2012, the Defendants subrogated for the Plaintiff’s obligation of loans to the Plaintiff’s national bank.

arrow