(영문) 서울중앙지방법원 2021.01.29 2019가단5238902

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(영문) 서울중앙지방법원 2021.01.29 2019가단5238902

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On October 13, 2018, the Plaintiff and the Defendant agreed to sell and purchase land and building C (hereinafter “the instant real estate”) owned by the Defendant and the Defendant’s spouse by setting the sales price at KRW 1.25 billion.

The Plaintiff paid KRW 30,000,000 to the Defendant on November 20, 2017, and KRW 30,000,000 on November 27, 2017, according to the above consultation.

On October 13, 2018, the Plaintiff and the Defendant agreed on the following (hereinafter referred to as the “instant agreement”) regarding the instant real estate sale on October 13, 2018, where the Plaintiff intended to obtain a loan from a bank as collateral but difficult to borrow a loan from the bank.

1.With respect to C land and a provisional contract for a building concluded on November 20, 2017, the seller and the buyer shall verify and agree on the following:

2.With respect to the conversion of the lease on a deposit basis requested by the buyer, the seller has confirmed that, after the date of the conclusion of the contract, nine of the nine of the lease on a deposit basis has been completed, and that there is no fault of the seller in connection with the provisional contract.

3.The buyer and the seller shall agree on:

1) After this agreement, the seller shall have all the rights as the original right holder, and after this agreement, the buyer shall not raise any objection to the seller (Provided, That the buyer shall not proceed to the sale and purchase of the same article not exceeding KRW 1,250,000,000, which is the same amount for the same article within one year). However, if the buyer is willing to purchase within one year the same amount for the same article, the buyer shall be deemed to have paid KRW 50,000,000, which is paid at the time of the provisional contract, to have been paid in addition to the seller, and the buyer shall be deemed to have concluded the contract with KRW 125,00,000, which is a down payment of KRW 125,000.

2) At this time, the seller shall deliver within three months after the contract, and the buyer shall receive within three months.

At this time, there is no seller's liability for the conditions of a separate lease on a deposit basis, a public room, etc.

except that.

유사 판례

-서울중앙지방법원 2021.01.29 2019가단5238902

-대전지방법원 2016.04.26 2015가단201562

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-서울중앙지방법원 2017.10.27 2015가합575995

-춘천지방법원 강릉지원 2018.05.15 2016가합50453