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(영문) 수원지방법원 2017.07.07 2016가합78840
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On May 14, 2015, the Plaintiff became aware of the Defendant, who was engaged in the business of creating and selling an electric housing complex through the Internet car page, and on June 14, 2015, the Defendant, from the Defendant, newly constructed a third-story housing unit (42 square meters) on the ground of 1/2 shares in each of the above land and one household among the above housing (hereinafter “instant housing”) with the remainder of KRW 488,50 million (hereinafter “the instant housing”) up to 1.5 billion, the intermediate payment of KRW 48 million up to June 14, 2015, and KRW 67.32 square meters up to 4.62 square meters; and the intermediate payment of KRW 5 million up to 1.5 million up to 2.5 million up to 2.15 million up to 2015, the intermediate payment of KRW 500,500,000,000,000.

B. On July 1, 2015, the Plaintiff entered into a modified contract with the Defendant to change the area of the instant housing into 43 square meters; the first intermediate payment of KRW 72 million; the second intermediate payment of KRW 60,000; the third intermediate payment of KRW 60,000; and the remainder of KRW 240,000,000, respectively.

(hereinafter “instant modified contract”). C.

On July 11, 2015, the Plaintiff remitted the remaining down payment of KRW 43,00,000 to the Defendant, and paid KRW 30,000,000 as the intermediate payment on November 6, 2015, and the intermediate payment of KRW 30,000,000 on December 1, 2015, and KRW 30,000,000 on December 30, 2015, and KRW 30,000 on December 1, 2015, and KRW 30,000 on January 9, 2016, and KRW 3,00,000 on January 15, 2016, respectively.

In addition, the Plaintiff paid to the Defendant KRW 579,70 on November 6, 2015, KRW 14,135,00 on November 28, 2015, KRW 16,00 on December 1, 2015, KRW 3,465,00 on March 22, 2016, KRW 80 on March 24, 2016, KRW 440,00 on March 25, 2016, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7, 9, 10, 12 to 17 (including a variety number; hereinafter the same shall apply).

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