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(영문) 울산지방법원 2017.04.26 2016가합22765
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The basic facts are the regional housing association established to carry out a new apartment construction project (hereinafter “instant project”) in Ulsan-gu, Seoul-gu, as a project site. The Plaintiff is a company that vicariously carried out a prop work for the instant project, and the Defendant is the owner of the share of 5,250 out of Ulsan-gu, Ulsan-gu, Seoul-gu, and 817 square meters, E large scale 195 square meters (the total area of 817 square meters and 195 square meters, Ulsan-gu, Ulsan-gu, and E large scale 195 square meters (hereinafter “instant 1 real estate”), and F large scale 168 square meters (hereinafter “2 real estate”).

On February 22, 2015, the Plaintiff entered into a sales contract with the Defendant for the purchase of the instant real estate No. 1 (hereinafter “the first sales contract for the instant real estate”) and paid the purchase price by March 30, 2015. On March 30, 2015, the Plaintiff paid KRW 734 million to the Defendant on March 30, 2015.

On March 31, 2015, the Defendant sent a content-certified mail stating that the Defendant would notify the Plaintiff of the payment of the remainder, and sent a content-certified mail to the Plaintiff on April 16, 2015.

Accordingly, on June 17, 2015, the Plaintiff, the Defendant, the District Housing Association, and G agreed that the remainder of the instant real estate No. 1 shall be paid until July 30, 2015, and if the remainder is not paid by the said deadline, the payment shall be reverted to the Defendant (hereinafter “instant agreement”).

However, the Plaintiff failed to pay the remainder by July 30, 2015. Accordingly, on August 6, 2015, the Defendant sent to the Plaintiff a content-certified mail to the effect that the first sales contract for the instant real estate No. 1 was revoked and the forfeiture of KRW 734,44 million already paid as agreed, and the said content-certified mail reached the Plaintiff around that time.

The second real estate of this case is related to the first real estate.

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