(영문) 대구지방법원 2016.10.27 2016가단110571

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(영문) 대구지방법원 2016.10.27 2016가단110571

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 15, 2005, the facts of recognition were established in order to promote the development project of the Daegu-gu and 23 lots of land (hereinafter “instant development project”). On July 15, 2005, the Defendant and the Daegu-gu Seoul-gu 200.8m2 (hereinafter “instant land”) purchased and sold real estate at KRW 480,000,000.

The payment of the purchase price of KRW 480,000,000 was set as follows.

1) Upon the preparation of this contract, 1% of the contract amount (one-day deposit KRW 4,800,000) shall be paid immediately. 2) The contract amount shall be 10% (one-day deposit KRW 48,00,000), including one percent of the contract amount, and the deposit shall be made within seven days from the date the agreement for the entire site is completed.

4) The intermediate payment under this contract shall be paid by the end of September 50% of the total amount, and the balance 50% shall be paid within 30 days after obtaining business approval, but the payment period for the remainder shall not exceed January 15, 2006, and if the last balance is not paid within the said period, this contract shall be null and void, and the down payment shall be reverted to the Defendant. The first Lenz paid KRW 4,800,000 to the Defendant on July 6, 2005, and the first half of July 19, 2005, respectively. The second half of the last half of the purchase price for the instant land and the Defendant calculated KRW 610,00,000 on February 111, 2006 (hereinafter “instant contract”).

A) The contract deposit was concluded. The contract deposit was concluded in lieu of KRW 48,00,000 paid to the Defendant by Boendid Co., Ltd before the contract was concluded, and the intermediate payment (including the contract deposit, by March 15, 2006, 50% of the total amount, including the contract deposit, shall be paid within 30 days after the business approval was obtained, and the contract was null and void when the balance is not paid within the agreed period, and the contract deposit was reverted to the Defendant.

The Defendant entered into a contract on June 8, 2006, since the payment of intermediate payment and the balance has not been made to Scenz on the part of the Defendant.

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