(영문) 서울서부지방법원 2015.11.18 2014가합10137

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(영문) 서울서부지방법원 2015.11.18 2014가합10137

부당이득금반환

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1. From January 8, 2015, the Defendant: (a) KRW 148,294,00 to the Plaintiff; and (b) as to the Plaintiff, the Defendant

9. By the 30th day, 20% per annum and next day.

Reasons

1. Basic facts

A. On May 12, 2014, the Plaintiff participated in the entire process as the representative of the Defendant (including the conclusion of the instant sales contract, but is irrelevant to the issue as to who is the party to the act, and thus, the Plaintiff is referred to as “the Defendant” without distinguishing the Defendant and C, except for the part which is specially required to be explained separately, and the purchase price for the Yongsan-gu Seoul Metropolitan Government No. D, 302 (hereinafter “instant real estate”), which is owned by the Defendant, shall be KRW 70,900,000,000, and the down payment shall be paid on the date of the contract, and the intermediate payment of KRW 165,00,000,000 shall be paid on the date of the contract.

6. 12. The acquisition of a loan obligation, which is a secured debt of the right to collateral security established on the instant real estate, shall be substituted for the payment of any balance of 465,90,000 won.

7. On 28. 28. The instant sales contract was concluded by setting forth that the instant real estate shall be paid simultaneously with the transfer of ownership.

B. The Plaintiff paid 70,000,000 won on the day of the contract pursuant to the instant sales contract, and from June 16, 2014

9. By the end of 17. Around the 19.17., a total of KRW 8,294,000 paid on behalf of an intermediate payment.

C. Around July 28, 2014, the outstanding payment date stipulated in the instant sales contract, which was agreed upon by the Defendant on the ground that the lessee of the instant real estate did not seek the office of directors, and the remaining payment date was postponed upon the Defendant’s request.

On October 16, 2014, October 30, 10, and November 12, 2011, the Plaintiff sent to the Defendant a content-certified mail to the effect that “the instant sales contract will be rescinded due to the Defendant’s nonperformance of obligation” was returned, and the post sent on November 12, 201 to the Defendant.

(hereinafter “Notification of Rescission of this case”). 【No dispute exists, Gap 1 through 2-3, and 3-1 through 3-7 respectively, and the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff 1

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