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(영문) 부산지방법원 2018.05.30 2017가합51330
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b)the same shall apply;

[General Matters] The seller of Article 2 received the balance of the purchase price from the buyer, at the same time, delivers all documents necessary for the registration of transfer of ownership to the buyer, and cooperates with the registration of transfer, and the delivery of the said real estate as of July 5, 2017.

Article 3 The seller shall remove the defects, burdens, etc. of the rights to restrict the exercise of ownership, such as mortgages, superficies and chonsegwon, or all charges, public charges, etc., which are established on the said real estate, by the date of the balance payment and transfer full ownership

Article 6 If the seller or the purchaser has failed to perform the terms and conditions of this Agreement, the other party may demand the person who has defaulted to perform the contract and cancel the contract.

In addition, a person who has failed to fulfill the contract may claim damages due to the cancellation of the contract, and the contract deposit shall be considered as the basis for damages, unless otherwise agreed.

[Matters of special agreement] * To cancel the current maximum debt amount of E safe 1.274 billion won until the remainder.

* until June 30, 2017, the lessee is the seller's life cycle.

B. At the time of the instant sales contract, the right to lease on a deposit basis, F, and 100 million won was established on the instant land. The right to lease on a deposit basis, G, and 100 million won was established on the instant building. In each of the instant land and buildings, the right to lease on a deposit basis was established on a deposit basis, including the right to lease on a deposit basis, E, safe, and maximum debt amount.

C. From April 10, 2017 to April 13, 2017, the Plaintiff paid 200 million won down payment to the Defendant.

On July 6, 2017, the day following the remainder payment date, the Plaintiff did not perform the terms and conditions of the instant sales contract by the Defendant to the Defendant, and the Plaintiff did not pay the lease money in the same place as the lessee was on July 15, 2017 and did not cancel the registration of the establishment of the right to lease on a deposit basis under the name of the lessee.

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