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(영문) 광주지방법원 2020.06.11 2019가단502957
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On January 12, 2018, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with the Defendants that each of the Defendants supplies the instant real estate owned by the Plaintiff at KRW 382,430,00 (a down payment of KRW 38,243,00 at the time of conclusion of the contract, KRW 76,486,00 on February 28, 2018, KRW 76,486,00 on the intermediate payment of KRW 76,486,00 on April 15, 2018, and KRW 191,215,000 on the remainder of the designation date of salesroom occupants’ designation).

B. According to the instant sales contract, the Defendants paid KRW 189,428,540 as the down payment and the intermediate payment, and began to possess and use the instant real estate from September 2018 when the Defendants did not pay the remainder of KRW 193,001,460.

C. The Defendants did not pay any balance until October 18, 2018, which is the remaining payment date designated by the Plaintiff. On November 14, 2018, the Plaintiff, after completing the registration of preservation of ownership of the instant real estate, stored documents necessary for the registration of transfer of ownership of the instant real estate in a certified judicial scrivener office, and notified the Defendants of the scheduled cancellation date of the instant sales contract, around January 3, 2019 and January 11, 2019, and notified the Defendants that the sales contract would be rescinded at the time of the remainder payment. However, the Defendants did not pay any balance.

On January 22, 2019, the Plaintiff notified the Defendants that they were not obliged to pay the remainder of the sales contract of this case due to the Defendants’ nonperformance. On January 25, 2019, the Plaintiff deposited 151,185,540 won (i.e., down payment and intermediate payment totaling KRW 189,428,540 - KRW 38,243,000) to be returned to the Defendants following the cancellation of the instant sales contract by designating the Defendants as deposit holders under the Gwangju District Court No. 2019, Gwangju District Court Decision 2019, Jan. 25, 2019.

On January 29, 2019, the Plaintiff asserted against the Defendants that the instant sales contract was cancelled due to the Defendants’ failure to pay the remainder, and sought restitution of unjust enrichment equivalent to the delivery of the instant real estate and rent.

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