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(영문) 수원지방법원 2018.10.17 2017가합20541
부당이득금
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1. As to KRW 26,870,00 and KRW 97,230,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 226,870,000 from April 23, 2016, KRW 32,410,00.

Reasons

1. Basic facts

A. The defendant is an executor who newly constructs and sells "D hotel" in the size of 288 rooms on the ground and 10 stories on the ground located in Seopoposi City C (hereinafter "the hotel of this case"), and the plaintiff is a person who purchased a guest room of the hotel of this case from the defendant.

B. On April 22, 2016, the Plaintiff entered into an asset management consignment contract with the Defendant to receive 8% per annum on the down payment and 7% per annum on the sales price excluding the value added tax after completion, instead of entrusting the Defendant with the operation of the sales price of KRW 159,60,000 and KRW 164,50,000, respectively, for the instant hotel 6th and 6th and 17th, respectively.

C. The main contents of each sales contract for the hotel of this case concluded between the Plaintiff and the Defendant (hereinafter “instant sales contract”) are as follows.

(hereinafter referred to as “A” and “B” mean the Plaintiff respectively). 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. Where the occupancy has been delayed for more than three months from the original scheduled date of occupancy due to a cause attributable to A;

D. Meanwhile, the main contents of each asset management entrustment contract for the hotel of this case (hereinafter “instant entrustment contract”) concluded between the Plaintiff and the Defendant are as follows.

The term "A" means the plaintiff, and "B" means the defendant, respectively.

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