(영문) 수원지방법원평택지원 2020.08.20 2020가합8472

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(영문) 수원지방법원평택지원 2020.08.20 2020가합8472

부당이득금

Text

The defendant's KRW 115,00,000 for the plaintiff and its 5% per annum from September 20, 2019 to August 20, 2020.

Reasons

1. Basic facts

A. On March 12, 2018, the Plaintiff concluded a sales contract with the Defendant for the following terms (hereinafter “instant sales contract”) by purchasing the sales price of KRW 11.56 billion (1.66 million per square meter per 1.6 billion (1.6 million per 1.6 million per 1.6 million) on the same day, the Defendant paid the Defendant a down payment of KRW 1.155 million (hereinafter “the instant sales contract”).

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to purchase the subject matter of sale under Section 2 below from the defendant and to build apartment houses by the plaintiff.

(hereinafter) Article 2 (Subject Matter of Sale) The Defendant shall sell the instant land owned by the Defendant to the Plaintiff.

Article 3 (Sales Price) (1) In return for the Defendant’s sale of land as prescribed in Article 2 to the Plaintiff, the Plaintiff shall pay to the Defendant the purchase price of 11.56 billion won. (2) The purchase price of land as prescribed in Article 2(1) is the amount calculated by applying the unit price per square meter of land as prescribed in Article 2 to 1.6 million won.

Article 4 (Methods of Payment) The plaintiff shall pay the purchase price to the defendant as follows. The down payment amount of KRW 1150 million shall be paid at the same time as the contract is concluded. The balance of KRW 10.41 billion shall be paid: Provided, That if the project is advanced than the scheduled project progress schedule, the remaining payment schedule may also be advanced upon mutual agreement. The area of the subject matter of sale as referred to in Article 5 (Area Settlement and Price Settlement) 1) of Article 2 shall be the area on the public register, and the amount of the installment purchase shall be pointed out according to the annexed drawings after the survey.

2) The survey under paragraph (1) shall be conducted on the Plaintiff’s responsibility after concluding a contract, and the survey expenses shall be borne by the Plaintiff. 3) The Plaintiff and the Defendant calculated the area of the subject matter of sale after the survey into the public account area, and the purchase price shall

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