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(영문) 수원지방법원 2018.09.05 2018가합11421
부당이득금
Text

1. The Defendant: (a) KRW 92,914,192 to Plaintiff A; (b) KRW 96,766,629 to Plaintiff B; and (c) from May 24, 2018 to September 2018 to each of the said money.

Reasons

1. Basic facts

A. The Defendant is an executor who newly constructs and sells “E hotel” in the size of 288 rooms on the ground and 10 stories on the ground located in Seopoposi-si, Seopoposi-si, and the Plaintiffs purchased guest rooms of the instant hotel from the Defendant.

B. On November 26, 2016, Plaintiff A concluded a sales contract with the Defendant to sell the instant hotel Nos. 159,600,000 with respect to the instant hotel Nos. 18, and Plaintiff B concluded a sales contract to sell the instant hotel Nos. 26 with the Defendant on December 26, 2016 with the Defendant as to the sales price of KRW 165,80,000, respectively. On the same day, Plaintiff A entered into an asset management entrustment contract with the Defendant, instead of entrusting the Defendant with the operation of each of the above guest rooms, to receive KRW 8% per annum for the down payment and KRW 7% per annum for the sales price excluding the value added after completion.

C. The main contents of each sales contract for the hotel of this case concluded between the plaintiffs and the defendant (hereinafter referred to as the "sale contract of this case") are as follows.

(hereinafter referred to as “A” and “B” mean each of the plaintiffs). The scheduled date of occupancy: during October 2017 (the scheduled date of occupancy may be changed according to the process, and the accurate date of occupancy may be notified thereafter), Article 11(3) “B” may cancel this contract for any of the following reasons:

1. Where he/she himself/herself, due to his/her own circumstances: Provided, That where "A" is recognized after he/she has paid part payments at one time;

2. Where “A” has received a corrective order issued by the permitting authority pursuant to Article 9 of the Act: Provided, That this shall not apply where a corrective order has been published pursuant to Article 9 of the Act on Sale of Buildings and measures have been taken within two months from the date of publication;

3.Article 17 (B)- Where the occupancy has been delayed for more than three months from the original scheduled date of occupancy due to reasons attributable to A, the occupancy shall be deemed to be the same as “B”.

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