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(영문) 수원지방법원 2017.03.16 2016가단28220
부당이득금반환
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendants, the Korea Land Trust Co., Ltd., obtained approval from the head of Incheon Seo-gu, Incheon from the head of Seo-gu, Incheon, for the recruitment of occupants on the F apartment newly constructed on the land of the Seo-gu, Seo-gu, D, and Et, and sold the above apartment since that time.

B. On September 24, 2009, the Plaintiff sold the said F apartment 105 Dong 203 (hereinafter “instant apartment”) by setting the supply amount of KRW 323,000,000 from the Defendants.

(hereinafter “instant sales contract”). C.

At the time of the conclusion of the instant sales contract, the Plaintiff received loans from the National Bank of Korea (hereinafter “National Bank”) for the payment of intermediate payments under the said sales contract with the Defendants, and agreed that the loans shall be directly received from the National Bank, and the interest accrued therefrom shall be paid after the Defendants assumed.

(hereinafter “instant loan”). D.

The Plaintiff paid part of the sales price to the Defendants in installments pursuant to the instant sales contract, and the sales price paid by the Plaintiff is KRW 113,050,000, including the part directly received by the Defendants, pursuant to the agreement on the above intermediate payment loan.

E. However, the Plaintiff did not pay the remainder of intermediate payments or remainder upon disputing the validity of the instant sales contract. On December 17, 2012, the Defendants notified the Plaintiff of the cancellation of the instant sales contract on the grounds that the Plaintiff had paid the sales price to the Plaintiff under the instant sales contract for a long-term unpaid period, and then subrogated the Plaintiff’s obligation to pay the Plaintiff’s national bank. The principal and interest of the loan subrogated by the Defendants is KRW 36,536,586.

F. The Plaintiff, along with other buyers, concluded the instant sales contract under the Seoul Central District Court 201Gahap21360, 201Gahap38788 (Joint) with the Defendants’ deception.

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