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(영문) 서울중앙지방법원 2016.07.01 2015가합554387
부당이득금
Text

1. The principal suit of the Plaintiff (Counterclaim Defendant) described in the Schedule of Claim Amount for Confirmation of the principal suit shall be dismissed respectively;

2...

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Defendant entered into a sales contract and succeeded to the contract for the sale in lots and entered into a contract for the sale in lots (hereinafter “instant sales contract”) with the Plaintiffs (excluding Plaintiff C) and D (No. 31) as shown in the details of the sales contract. On January 26, 2011, Plaintiff C succeeded to the rights and obligations under the said sales contract from the above D.

(hereinafter referred to as “Plaintiff C” without distinguishing before and after the succession to a contract for convenience). Article 2 (Cancellation and Termination of Contracts) (1) The Defendant concluded a sales contract individually with the Plaintiffs, but the Defendant indicated “Plaintiffs” for convenience within the same scope.

In the event that no performance has been made even after the peremptory notice for doing any of the following acts, this contract may be rescinded or terminated:

2. Where the remainder is not paid within three months from the agreed date. (4) If this contract is cancelled or terminated under paragraphs (1) and (2), the sale price that the plaintiffs paid shall be appropriated in the order of penalty, arrears (including interest in delay), loans, etc.

Article 3 (Penalty) (1) Where this contract is terminated on the grounds falling under Article 2 (1) and (2), the plaintiffs shall compensate the defendant for 10% of the total purchase price as penalty.

Article 6 (Contract Payment, Installment Payment, and Balance Payment) (2) Interest on the plaintiffs' loans to financial institutions arranged by the defendant, which are requested by the defendant, shall be paid preferentially by the defendant until the date of payment of interest for the month preceding the date designated by the

Article 10 (Bearing of Taxes and Taxes) Taxes and public charges incurred after the expiration of the period for designation of occupancy shall be borne by the Plaintiffs regardless of whether the occupancy, the remainder payment, and the transfer of ownership are located

Provided, That if the balance is paid in full before the expiration of the designation period of occupancy, the plaintiffs shall be the basis of the balance payment date.

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