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(영문) 서울중앙지방법원 2016.10.25 2016가합518210
부당이득반환 청구의 소
Text

1. The Defendant (Appointed Party) and the appointed parties jointly do so to the Plaintiff:

A. KRW 189,930,000 and for this, September 8, 2016

Reasons

1. Basic facts

A. On February 13, 2012, the Defendant (appointed parties; hereinafter “Defendant”) and the selector (hereinafter collectively referred to as “Defendants”) decided to pay KRW 100 million out of the contract deposit and the intermediate payment KRW 300 million to the Plaintiff on December 30, 2012 when the real estate listed in the separate sheet (hereinafter “instant building”) was sold from the Plaintiff (hereinafter “instant sales contract”); KRW 100 million out of the contract deposit and the intermediate payment KRW 400 million, respectively, by June 30, 2013.

B. The Defendants paid a total of KRW 400 million to the Plaintiff, including KRW 100 million on February 13, 2012, KRW 230 million on March 5, 2012, and KRW 70 million on March 6, 2012, and received delivery from the Plaintiff.

C. On January 23, 2015, the Plaintiff issued a peremptory notice to the Defendants for the payment of intermediate payments and the remainder, as the Defendants did not pay the intermediate payments and the remainder after the expiration of the payment deadline, and the Defendants did not pay the sales price even thereafter.

Accordingly, on February 9, 2015, the Plaintiff’s rescission of the instant sales contract on the grounds of the Defendants’ failure to pay the intermediate payment and the remainder, and the need to cancel the contract.

On February 11, 2015, the certificate of content of the agency was sent to the Defendants, which reached the Defendants. D.

After that, the Defendants asserted that the cancellation of the instant sales contract was unfair, and did not deliver the instant building. The Plaintiff filed a lawsuit against the Defendants on August 31, 2015 against Suwon District Court 2015Gahap6799, claiming the name of the building upon the cancellation of the instant sales contract.

During the aforementioned lawsuit, the Defendants filed a counterclaim against the claim for the refund of the purchase price upon the cancellation of the instant sales contract under 2015Gahap67805. On December 18, 2015, the Suwon District Court determined that the instant sales contract was cancelled by the Plaintiff’s declaration of cancellation on February 11, 2015 on the ground that the Defendants’ obligation for the payment of intermediate payments and the remainder was delayed.

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