logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.04.07 2016가합52094
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. On February 6, 2013, the Plaintiff and the Defendant concluded a sales contract to sell the instant land to KRW 1,148,190,000 (hereinafter “instant sales contract”) with D as co-owners who own one-half shares of each of the 378.9 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant land”). The main content is as follows.

Article 3 (Sale Price)

1. The amount of sale of real estate subject to sale shall be 1,148,190,000 won; and

2. The unit trading price shall be KRW 10,000,000 per square meter of the area of real estate subject to trading;

Article 4 (Methods of Payment of Sales Price)

1. The defendant shall be paid 454,000,000 won as down payment on February 8, 2013 to the defendant.

- contain collateral security, provisional attachment, and tax portion (404,00,000) out of the contract amount;

- The defendant must move from the main business site within 30 days after the deposit of down payment.

2. As down payment, KRW 50,000,000 shall be paid to the Plaintiff on February 8, 2013.

3. The remainder of KRW 300,000,000 shall be paid to the Plaintiff as an intermediate payment within May 6, 2013.

4. The remainder shall be paid to the Plaintiff KRW 224,095,000 by June 30, 2013.

5. The remainder shall be paid to the defendant KRW 120,095,000 by June 30, 2013.

6.If a difference occurs in the amount of purchase price payment, the land price shall be settled in the balance of the agreement.

Article 6 (Cooperation for Project Implementation)

1. Upon entering into a trading agreement, the seller shall actively cooperate with the buyer in affairs necessary for approving the business of the real estate subject to sale;

If a buyer requests a seller to submit all necessary documents, such as a written consent to land use, etc., the seller shall immediately deliver the necessary documents to the buyer within the extent necessary for the implementation of the project.

2. Where a trading agreement has been terminated due to the buyer’s default of a trading agreement, the buyer shall not claim the amount to the seller; and

3. After concluding a contract, a seller shall offer the security in a financial right to a purchaser;

(b).

arrow