logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.13 2014가단5330568
부당이득금
Text

1. As to the Plaintiff’s KRW 25,00,000 and KRW 15,000 among them, the Defendant shall start on May 27, 2014, and the remainder 10,000.

Reasons

1. Facts of recognition;

A. The Defendant: (a) The acquisition or transfer of the rights between the original Defendant; (b) the Defendant leased the first underground floor among the second underground and the fifth underground floors in Gangnam-gu Seoul; and (c) the first class of the second class above the ground and the second class above, and thereby “D” (hereinafter

(2) On May 22, 2014, the Plaintiff’s agent E concluded a contract for the acquisition or transfer of rights with the Defendant to the instant danran tavern by means of the brokerage of real estate broker F.

(hereinafter referred to as the “instant contract”). The main contents are as follows.

The Defendant received the down payment of KRW 25,000,000 on the day of the contract, and KRW 15,000,000 on May 27, 2014.

[Purpose] Article 1 [Purpose] Total Premium Amounting to 40,000,000 won [Payments 25,000,000 won for contract: Payment at the time of contract, intermediate payment to 15,000,000 won: Payment on May 26, 2014] The remainder of KRW 100,000,000 for the remainder of KRW 100:5,000 for the remainder of five months: Article 4 [Cancellation of Contract] All of the fixtures including 100,00 won for the stores (facilities) within the scope of transfer (facilities) on May 30, 2014. ② If a transferor or transferee fails to fulfill the terms and conditions of this contract, the other party may give written peremptory notice and rescind the contract.

In addition, the parties to the contract may claim the other party for the penalty following the cancellation of the contract, and the down payment shall be considered as the standard for penalty.

(3) The transferor shall endeavor to conclude a lease contract with the owner and the transferee to the maximum extent possible before the payment date of the balance, and where the lease contract is not concluded normally or does not proceed therewith, the contract for acquisition of this right shall be cancelled, and the transferor shall immediately refund the down payment

Matters of special agreement

1. Conditional withdrawal of a contract in the event of a defect in the side of the building (influence of renewal of lease, rent, security deposit/monthly increase);

B. On July 4, 2014, the Defendant notified the Plaintiff of the rescission of the contract, urged the Plaintiff to pay the remainder of KRW 100 million, and if the Plaintiff fails to pay the remainder, the contract is rescinded pursuant to Article 4(2) of the instant contract.

arrow