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(영문) 서울중앙지방법원 2016.11.29 2015가단5312390
부당이득금반환
Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 5% from April 9, 2015 to November 29, 2016.

Reasons

1. Basic facts

A. The Plaintiff is the internal director of C in-house corporation, which engages in the business of providing Internet real estate information services, and the Defendant is the owner of Jongno-gu Seoul Metropolitan Government land on three lots (hereinafter “instant land”) such as the Jongno-gu Seoul Metropolitan Government D large 97.9 square meters, E large 19.2 square meters, and F large 8.7 square meters, and D large 97.9 square meters and d large 97.59 square meters (hereinafter “instant housing”).

A buyer of a real estate sales contract: A buyer of a real estate sales contract of this case states "the plaintiff and one other," but it does not state his identity and affix his seal to the buyer's column. As such, the plaintiff is deemed to be a buyer under the sales contract of this case (the special terms and conditions of the sales contract of this case, 3. According to the entries in paragraph (4) and witness G's testimony, at the time of paying the remainder of the purchase price, the plaintiff appears to have expressed the buyer's column with the intention of changing the buyer's name under the sales contract of this case as above). The seller's subject matter of the sale contract of this case: The sale price of the land of this case and the housing of this case is 2,450,000,000 won, and the down payment is 2,00,000,000 won on the date of the contract, and the remainder is paid on August 12, 2015.

Article 7 [Non-performance of Obligations and Compensation for Damages] (1) If a seller or a purchaser fails to perform any obligation under this Agreement, the other party may demand in writing the person who has defaulted the obligation and rescind the contract.

(2) Where a contract is rescinded pursuant to paragraph (1), unless otherwise agreed, unless otherwise agreed, the down payment shall be confiscated by the buyer, and where the seller has breaching it, the seller shall compensate for the double of the down payment.

(hereinafter referred to as the “instant penalty agreement”). The terms and conditions of the agreement include (1) the sales contract in the current facility condition; (2) the seller shall be held liable for the name of four stores of the lessee; and (4) months from the date of the remainder.

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