(영문) 대구지방법원서부지원 2016.03.10 2015가단33032

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(영문) 대구지방법원서부지원 2016.03.10 2015가단33032

부당이득금

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On January 27, 2014, the Plaintiff and one other (hereinafter “Plaintiff, etc.”) entered into a sales contract with the Defendant on the following terms: (a) the building for storing and treating dangerous substances on the Seo-gu, Daegu-gu, the Defendant owned by the Defendant; and (b) the building for storing and treating dangerous substances on the land; and (c) 25 square meters on the road (hereinafter “instant real estate”) for KRW 1.6 billion; (b) the contract amount of KRW 80 million out of the down payment of KRW 160 million on the date of the contract; and (c) the contract amount of KRW 80 million on the same day until the 29th of the same month; and (d) the remainder of KRW 1.40 million on the same month until June 26, 2014.

(hereinafter “instant primary sales contract”). B.

On the other hand, on June 19, 2014, the Plaintiff, etc. and the Defendant agreed to extend the payment date of the remainder of the instant sales contract until July 15, 2014, and written the following contract contents:

(hereinafter “The instant secondary sales contract”). By June 17, 2014, KRW 190 million and the remainder KRW 1.25 million (= KRW 140 million - KRW 1990 million - KRW 100 million), the interest accrued from June 26, 2014 to July 15, 2014, which is the initial payment date for the remainder, shall be paid as the down payment, and the said KRW 1.25 million shall be paid as the down payment until July 15, 2014, and the remainder shall be paid as KRW 360 million to the seller by the date of the remainder payment, and the remainder shall be paid as KRW 1.6 billion to the seller from June 16, 2014, KRW 1.6 billion to KRW 1.6 million to the date of the remainder payment, and the remainder shall be paid as the down payment to the new seller by 1.6 million to the date of the remainder payment.

C. However, as the Plaintiff et al. failed to pay the remainder until the due date, the Defendant sent to the Plaintiff et al. a certificate of intent to cancel the instant secondary sales contract on July 25, 2014.

After that, between the Plaintiff, D, and E, the instant real estate between the Defendant and the Defendant on September 5, 2014.

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