(영문) 서울서부지방법원 2014.10.10 2014가합3115

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2014.10.10 2014가합3115

부당이득금반환

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant publicly announced the relocation measures of the Seoul Mapo-gu PP unit designated as a development project district of the instant housing site and as part of the living measures, the instant sales contract is deemed as the Rrine shop (hereinafter “instant commercial building”) to be constructed in Q Q in Mapo-gu Seoul.

As to the above, from April 2005 to June 27, 2007, the special guidance and contract guidance were made with the Defendant from July 2005 to November 27, 2007, and the Plaintiffs entered into a sales contract with the Defendant for each commercial building on the same date as indicated in the “(i) the date of the sales contract,” and the date of the succession contract as indicated in the “(ii)” listed in the attached Table 1 list with the Defendant, or comprehensively succeeded to the rights and obligations under the above sales contract from the first buyer (hereinafter “instant sales contract”).

(2) The sales contract of this case is a installment sale contract with the content that the sales price is paid for about six years and the registration of ownership transfer is made in full, and its main contents are as follows.

(hereinafter referred to as “A” and “B” mean the buyer, including the plaintiffs, and “B”. Article 4 (3) “B” shall be located within the designated period after the payment of the intermediate payment, and when the designated period for the payment of the intermediate payment expires, all responsibilities, such as the management of the goods, shall be borne by “B”.

The period of designation of occupancy occupants shall be within 30 days from the date of the intermediate payment, unless the period prescribed separately by "A" is determined.

Article 9 (Cancellation and Termination of Contracts) (1) Where “B” commits an act falling under any of the following subparagraphs, “A” may cancel or terminate this Agreement:

2. Where an intermediate payment and installments (including interest in installments) have been overdue without payment by the due date.

유사 판례

-서울서부지방법원 2015.05.28 2014가단20243

-서울서부지방법원 2015.10.20 2014가단20250

-춘천지방법원원주지원 2019.08.29 2018가합5207

-대전지방법원 2020.07.09 2019가합110814

-서울서부지방법원 2015.03.26 2014가합35396