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(영문) 서울중앙지방법원 2017.06.15 2016가합11955
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was a company established for the purpose of running real estate investment and development business, and promoted the construction of officetels in Seocho-gu Seoul Metropolitan Government B, C, D, and E (hereinafter “instant project site”).

The Defendant owned the Seocho-gu Seoul Metropolitan Government E land and its ground buildings (hereinafter “instant real estate”).

B. On April 12, 2012, the Plaintiff concluded a sales contract for the instant real estate (hereinafter “instant sales contract”) with the Defendant with the following content.

2. Article 1 (General Provisions) of the Terms and Conditions of the Contract provides that the seller and the buyer shall pay the sales amount in lump sum by agreement as follows.

- Sales amount: 8 billion won - Contract deposit, intermediate payment: X : 8 billion won shall be paid in lump sum within 60 days from the date of the entire contract in the project site.

Article 2(Purpose of this Agreement) In order for the buyer to promote an officetel construction project in accordance with the relevant laws and regulations, such as the Housing Act and the Building Act, the buyer purchases the Seocho-gu Seoul Metropolitan Government FF land (hereinafter “project site”), including the sale of the above marked real estate, and the seller agrees to sell the land and sells it to clarify the rights and obligations between the seller and the buyer, and the seller and the buyer perform their mutual obligations in order to achieve the purpose of the contract.

Article 6 (Cancellation of Contracts) In consideration of Article 2 of this Agreement, it is confirmed that the contract cannot be rescinded after the conclusion of this Agreement between the buyer and the seller in accordance with this Agreement.

However, as set out in Section 1 above, if the purchase price is not paid in lump sum within 60 days from the date of the entire contract for the project site, this Agreement shall be null and void.

A seller on April 12, 2012: The plaintiff

C. On April 12, 2012, the Plaintiff paid KRW 80 million to the Defendant.

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