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(영문) 서울중앙지방법원 2016.09.09 2016가합521766
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Facts of recognition.

A. On April 27, 2015, the Defendant entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the truster company, the truster company, the trustee, the Defendant, and the Ccredit Cooperatives of the first priority beneficiary (hereinafter “CF”) with respect to the 41 above-ground Btel 41 units, including Changwon-si, Changwon-si, Changwon-si.

Article 3 (Methods of Payment of Purchase Price) (1) The purchase price shall be paid as the following table, but (hereinafter omitted) the account number of 10 257,960,00 won on December 7, 2015: the account number of the Defendant bank deposits: the account number of the Defendant: 1130-049-*** the balance 902,321,640,000 won on January 6, 2016. (3) When the purchaser fails to pay the price on the date prescribed in paragraph (1), the buyer shall pay the unpaid amount to the seller and damages for delay at the rate of 18% per annum.

(4) When a purchaser fails to pay a price on the date specified in paragraph (1), a seller may rescind a contract under Article 10.

Article 4 (Transfer of Ownership) (1) If a purchaser completely pays the purchase price prescribed in Article 3, the seller shall deliver documents necessary for the registration of transfer of ownership of the object of sale to the purchaser.

Article 10 (Cancellation of Contracts) (2) In cases where a seller or a buyer falls under any of the following subparagraphs, a contract may be rescinded where the other party fails to perform the said contract after peremptory notice is given in writing for a period of seven days:

In this case, when the contract is terminated due to a cause attributable to the buyer, 10% of the total purchase price shall be attributed to the seller with the penalty, and when the contract is terminated due to a cause attributable to the seller, the seller shall return within 10 days from the date of cancellation of the contract the buyer has paid the price (excluding this funds for the sale price).

1. The seller or the seller;

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