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(영문) 서울동부지방법원 2017.09.06 2016가합107637
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is a company that newly constructs and sells real estate, and is engaged in the business of selling real estate, and “F building”, which is a neighborhood living facility D and E on the ground of Bupyeong-gu Incheon Metropolitan City D and E (hereinafter “instant building”).

(B) newly constructed and sold the shares. The entry of “stock company” is omitted for other companies.

(2) Defendant B is a person who purchased some stores of the instant building from the Plaintiff, and Defendant C is a licensed real estate agent. The Plaintiff is a licensed real estate agent.

B. 1) The Plaintiff and Defendant B entered into the instant contract for pre-sale on February 11, 2015, with respect to the instant building 107 and 108, the following pre-sale contract (hereinafter “instant pre-sale contract”).

Defendant B entered into a contract. Defendant B deposited KRW 234,70,000 on the same day (i.e., KRW 112,40,000, KRW 1222,300,000) into the Asian trust account designated by the Plaintiff. The sale price of KRW 1,124,00,000 (including value-added tax) in the first down payment method of KRW 1,223,40,000 in the first down payment method of KRW 122,30,000 in the second down payment of KRW 224,80,000 in the second down payment of KRW 224,60,000 in the second down payment of KRW 124,60,000 in the second down payment, and KRW 1224,60,000 in the middle payment of KRW 60,00 in the second down payment of KRW 20,00 in the second down payment of KRW 107 in the present contract).

The sale price: The sale price of KRW 476,576,00 on the date of the designation of the remainder (40%) of KRW 1,191,440,00 (including value-added tax) and KRW 357,432,00 on May 21, 2015, the first intermediate payment (10%) of KRW 119,14,000 on October 14, 2016, and the second intermediate payment (20%) of KRW 476,576,00 on February 28, 2016; and Party A does not have a duty to notify the date of the payment of the intermediate payment separately to Party B.

Article 12 (Cancellation of Contracts) (1) A shall apply in any of the following cases:

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