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(영문) 대구지방법원경주지원 2020.10.07 2019가단15024
부당이득반환 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff (Counterclaim Defendant) KRW 123,948,00 and its payment from January 29, 2020.

Reasons

1. Facts of recognition;

A. Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a contract with Defendant C Co., Ltd. (hereinafter “Defendant C”) to modify the terms of a sale management trust agreement on February 18, 2016, when it entered into a sale management trust agreement with the Defendant C Co., Ltd. (hereinafter “Defendant C”) to sell, manage, and operate the trust real estate on the land outside of D and eight parcels of land.

B. On February 3, 2017, the Plaintiff entered into a sales supply contract with the Defendants to set the sales price of the instant hotel F as KRW 206,580,000 with respect to the instant hotel F (hereinafter “instant sales contract”). The main content of the contract is as follows.

The scheduled date of occupancy: Around May 2018 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy shall be later notified) Article 1(10% of the down payment at the time of the contract, 10% of the intermediate payment, 40% of the balance at the time of occupancy (40%) and Article 3(1) of the Act (the payment date of the contract shall be imposed on the number of buyers; hereinafter the same shall apply) at the time of the delay in the payment of the intermediate payment and the balance.

Article 5 (Cancellation of Contract and Penalty) (3) In the case falling under any of the following subparagraphs, the contract may be rescinded:

When the contract is terminated pursuant to this subsection, A (the executive trustee C; hereinafter the same shall apply) shall pay 10% of the total supply amount to B as penalty.

1. Where the occupancy has been delayed for more than three months from the scheduled date of occupancy due to a cause attributable to Party A (excluding the proviso omitted);

2.The omission is carried out according to the conclusion of the trust agreement between Party A and the truster (Defendant B; hereinafter the same shall apply).

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