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Reasons
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(영문) 수원지방법원안산지원 2017.12.20 2016가단61986
부당이득금
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1. The Defendant (Counterclaim Plaintiff) paid KRW 128,427,397 to the Plaintiff (Counterclaim Defendant) and its related amount from December 29, 2016 to December 20, 2017.

Reasons

1. Under the underlying facts, each of the following facts is without dispute between the parties, or it is recognized that Gap evidence No. 1-2, Gap evidence No. 5, Eul evidence No. 4, each of the statements No. 2, Gap evidence No. 3, Eul evidence No. 1-1, No. 2, Eul evidence No. 3-2, Eul evidence No. 3-1, No. 3-2, each of the images of Eul evidence No. 3-2, witness D's testimony, part of witness E's testimony, and there is no counter-proof.

On August 17, 2015, the Plaintiff entered into a contract with the Defendant to purchase KRW 34,50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,00.

B. Specific terms and conditions of the contract, including the terms and conditions of the instant sales contract, are as follows.

(1) All the licences shall be held in the name of the seller (B) and the costs of civil works shall be borne by the buyer.

(2) The down payment amounting to KRW 50 million shall be paid at the time of the contract, and the remainder KRW 295 million shall be paid within one month after obtaining the construction permit (hereinafter “instant construction permit”) on the ground of the instant site.

(3) In the event of default under this contract by the seller or the buyer, the other party may demand in writing the other party to perform the contract and rescind the contract. In the event of rescission of the contract, the seller and the buyer respectively may claim damages against the other party, and in the absence of any separate agreement, the amount of the down payment shall be based on

C. However, according to the instant sales contract, the date of delivery of real estate or the date of transfer of ownership is not specified, and the responsibility for obtaining a building permit is borne.

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