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(영문) 서울중앙지방법원 2014.09.05 2013가합66589
부당이득금 반환
Text

1. Of the instant lawsuits, the deposit amount of KRW 100,000,000 under the agreement made on October 24, 2012 and the sales contract made on November 20, 2012.

Reasons

1. Basic facts

A. 1) The Defendant entered into the instant preferential sale agreement (i.e., the instant preferential sale agreement) on the land surface 879-30 of the west-si, Gyeonggi-gu, Yangyang-si, the 18 canal wells to be set up on the ground (hereinafter “the instant other canal wells”).

(2) On October 24, 2012, the Plaintiff newly built a new construction. On October 17, 2012, the Plaintiff submitted to the Defendant a letter of intent to purchase the instant canal wells in KRW 8.2 billion. Accordingly, the Defendant selected the Plaintiff as a preferential seller of the instant canal wells, and entered into an agreement between the Plaintiff and the Plaintiff on October 24, 2012 for preferential sale negotiation (hereinafter “instant preferential sale agreement”).

Article 2 (Terms and Conditions of Agreement) (1) The Defendant grants the Plaintiff the status of the subject matter of preferential sale negotiation for 14 days from the date of conclusion of the contract before the conclusion of the contract for the sales of the instant canal voucher

② The Plaintiff shall deposit KRW 100 million to the Defendant prior to the conclusion of this Agreement as a security deposit for the conclusion of this Agreement.

4. The above deposit shall revert to the down payment upon the conclusion of this contract.

Article 3 (Effective Period of Agreement) This Agreement shall take effect simultaneously with the name and seal, and shall take effect only for 14 days from the date of conclusion of the contract, and the plaintiff may not request the defendant to extend the effective period of this Agreement granted by the defendant for any reason.

Article 4 (Cancellation of Agreement) (1) In the event that the Plaintiff is unable to enter into a sales contract for the sale of the instant canal wells within 14 days of the effective term of the agreement under Article 3 with the Defendant, the validity of this Agreement shall automatically become extinct, and the Plaintiff shall not raise any civil, criminal and administrative objections against this.

Article 5 (Penalty) If a ground for termination of the agreement under Article 4 arises, the deposit amount of KRW 100 million paid under Article 2 shall be reverted to the defendant, and the plaintiff shall not raise any civil, criminal and administrative objection against this.

3. The Plaintiff set forth in the above agreement to the Defendant prior to the date of the instant preferential sale agreement.

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