(영문) 인천지방법원 부천지원 2018.05.04 2017가단117857

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(영문) 인천지방법원 부천지원 2018.05.04 2017가단117857

부당이득금

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1. The Defendants jointly share KRW 51,700,000 to the Plaintiff and Defendant B with respect thereto from December 31, 2017, and Defendant C.

Reasons

1. Facts of recognition;

A. On July 25, 2015, the Plaintiff concluded a sales contract with the Defendants on July 25, 2015, setting the sale price of KRW 379,360,00 (contract amounting to KRW 37,800,000, KRW 137,000 for the first intermediate payment, KRW 18,900 for the second intermediate payment, KRW 18,000 for the second intermediate payment, KRW 18,90,000 for the completion of the construction of aggregate, the balance of KRW 185,60,00 for the building E (hereinafter “instant building”), and the scheduled date of occupancy (hereinafter “the instant contract”) as the sales contract concluded with the Plaintiff and the Defendants on Nov. 4, 2015.

B. Article 2(3) of the instant contract provides that “The scheduled date of occupancy may be somewhat modified according to the process, and in this case, it shall be later notified,” and Article 2(3) of the same Act provides that the Plaintiff may rescind the instant contract where it is impossible to move into within three months from the scheduled date of occupancy due to the reasons attributable to the Defendant.

C. On April 4, 2015, the Plaintiff paid KRW 5,000,000 to the account in the name of the non-party-party-party-based trust company designated by the Defendants, and KRW 13,900,000 on April 11, 2015, and KRW 18,900,000 on May 11, 2015, and paid KRW 37,800,000 to the Defendants.

On October 5, 2015, the Plaintiff paid KRW 18,900,000 to the Defendants by means of payment to the account in the name of the name of the non-party corporation designated by the Defendants in the future.

E. The Defendants returned KRW 5,00,000 to the Plaintiff on July 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 32, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion was made on the grounds of the Defendants’ delay of performance or by the agreement between the Plaintiff and the Defendants, the Defendants did not return the contract amount of KRW 51,70,000 = down payment KRW 37,800,000 = intermediate payment of KRW 18,900,000 - refunded 5,000.

유사 판례

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