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(영문) 수원지방법원 성남지원 2018.07.06 2015가합3194 (1)
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) and the counterclaim Defendant (Counterclaim Plaintiff) filed a counterclaim against the Defendant (Counterclaim Plaintiff) in attached Form B.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Defendant entered into a sales contract and succeeded to the instant apartment (hereinafter referred to as the “instant apartment”) with the Plaintiffs (excluding Plaintiff C) and the counter Defendant (excluding the counter Defendant E), as indicated in the attached Form No. 3, and entered into a sales contract with F and G (15) (hereinafter referred to as the “instant sales contract”). On October 26, 2010, the counter Defendant E succeeded to the rights and obligations under the said sales contract from the above G on August 25, 201, and from the above G on August 25, 2011.

(hereinafter referred to as “Counterclaim Defendant E”, and “Plaintiff C”, respectively. Meanwhile, the main contents of the instant sales contract are as follows.

Article 2 (Cancellation and Termination of Contract) (1) The Defendant and the counterclaim Defendant individually concluded a sales contract with the Plaintiffs and the counterclaim Defendant, but they indicate “the Plaintiff and the counterclaim Defendant” for convenience within the same extent as the contents of the sales contract are identical.

This is also the same in the following loan support agreements concluded between the defendant, the plaintiffs, and the counterclaim defendants.

In the event that no performance has been made even after the peremptory notice for doing any of the following acts, this contract may be rescinded or terminated:

2. Where the balance is not paid within three months from the agreed date. (4) If this contract is cancelled or terminated pursuant to paragraphs 1 and 2, the sale price that the plaintiffs and the counterclaim defendants paid shall be appropriated in the order of penalty, late payment (including late interest), loans, etc.

Article 3 (Penalty) (1) Where this contract is terminated on the grounds falling under Article 2 (1) and (2), the plaintiffs and the counterclaim defendants shall pay 10% of the total sale price to the defendant as penalty.

Article 6 (Payment of Contract Deposit, Installment Payment and Balance) (2) Loans made by Plaintiffs and counterclaim defendants to financial institutions arranged by the Defendant.

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