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(영문) 서울중앙지방법원 2015.04.24 2014가합533918
부당이득금
Text

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

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff entered into a land sales contract for the purpose of constructing apartment buildings (hereinafter “instant apartment construction project”).

(1) On September 8, 2003, K located in the area where land transaction contract was permitted from K on September 8, 2003, L 1,667 square meters and M 1,962 square meters (hereinafter “instant land”).

(2) The sales price of KRW 1,646,640,00 is the purchase price of KRW 1,64,660,000 and the down payment of KRW 164,660,00 is the date of the contract, the remainder of KRW 1,481,980,000 is the date of the contract, and the payment of KRW 1,481,980,00 is

(2) According to the agreement, the Plaintiff paid 164,660,000 won as down payment to K on the day of the contract. 2) The Plaintiff, on October 21, 2003, purchased the purchase price of KRW 740,970,00 in the purchase price of KRW 740,970,000 in the purchase price and KRW 666,970,000 on the day of the contract, and paid KRW 766,970,00 in the remainder to F on February 20, 204 (hereinafter “the second sale contract of this case”). In accordance with the agreement, the Plaintiff paid KRW 74,00,000 as down payment to F on the day of the contract.

B. On January 3, 2004, the Plaintiff sent the “request for partial delay of the remainder and notification of the selection of the contractor, etc.” stating that the Plaintiff shall not pay the remainder on the agreed date on the ground that the construction company, which had decided to guarantee the loan of the apartment construction project of this case, refuses to obtain a guarantee due to the adjustment of the floor area ratio of the site for the apartment construction project of this case from 250% to 150%, would not be paid on the agreed date for the reason that it is difficult to conduct a normal business. 2) Accordingly, on January 7, 2004, K sent the “request for cooperation in the repayment of partial delay of the remainder, and notification of the selection of the contractor.” The Plaintiff notified the Plaintiff of the cancellation of the first sales contract of this case by January 15, 2004. The Plaintiff may pay the remainder to K on January 9, 2004.

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