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(영문) 서울중앙지방법원 2015.05.08 2014가합567270
부당이득금
Text

1. The Defendant’s annual interest in KRW 225,750,000 to the Intervenor succeeding to the Plaintiff, as well as in relation thereto, from December 11, 2010 to May 8, 2015.

Reasons

1. Facts of recognition;

A. On September 25, 2009, the Plaintiff (i.e., the Plaintiff) purchased from the Defendant the purchase price of KRW 4,515,00,000 in Gwangju-si forest land located in the land transaction permission zone (hereinafter “instant land”). The down payment (20% of the purchase price) KRW 903,00,000 on the date of the contract, and the remainder (80% of the purchase price) KRW 3,612,00,000 on the date of the contract (hereinafter “the instant contract”). Accordingly, the Plaintiff agreed to pay the Defendant the down payment of KRW 903,00,000 to the Defendant on the date of the contract (hereinafter “the instant contract”).

The main contents of the instant sales contract are as follows.

Article 6 (Compensation for Delay of Balance and Termination of Contract) (1) Where “B” is unable to obtain land transaction permission within five months from the date of conclusion of this contract without any cause attributable to “A”, “B” shall pay to “A” the amount of interest prior to the rate of 10% per annum on the balance of purchase price (30,100,000 won per month) from the following day until the date of permission for land transaction.

However, in consultation between “A” and “B”, the payment period of advance interest may be extended by up to 10 days, and where “B” cannot pay interest within the extended period, this contract shall be deemed terminated as a matter of course, and the down payment and the remainder compensation for delay that the “B” paid shall belong to “A”.

② If “B” fails to pay any balance by December 10, 2010, this contract shall be deemed to have been automatically rescinded, and the down payment and the remainder penalty for delay for which “B” has already paid shall revert to “A”.

Article 9 (Termination of Contracts) (1) “B” may terminate the sales contract with written notice given to “A” before obtaining land transaction permission. In such cases, “B” shall vest in “A” for the down payment and remainder compensation for delay on which “B” base.

2. “A” cannot be terminated in any case within one year from the date of the execution of this Agreement, and one year, if any.

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