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(영문) 대구지방법원서부지원 2019.07.11 2018가합53201
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) The Plaintiff is a regional housing association established on April 21, 2016 for the purpose of acquiring housing by residents residing in the Seogu-gu Office C Day. The Defendant is a regional housing project promoted by the Plaintiff (hereinafter “instant project”).

2) The instant land is 1,981m2 (hereinafter “instant land”).

(2) On July 17, 2015, the Plaintiff entered into a sales contract with the non-party company E (hereinafter “non-party company”) that purchased the instant project site in order to carry out the instant project on July 17, 2015, which was owned by the former owner of the instant land from around 1962.

B. 1) The non-party company is a company running the housing construction business, etc., and from around 2014 to around 3, the non-party company was promoting the purchase of land for the execution of the instant project. However, on October 29, 2014, the Defendant, the owner of the instant land in the instant project site, and the Defendant, the owner of the instant land, also on October 29, 2014, as follows (hereinafter “the instant first contract”).

The contract was concluded. (The main contents of the first contract of this case (A evidence No. 4, B No. 1): The defendant buyer: the non-party company and the non-party company, the contract deposit of Article 3 (Sales Price and Payment Method), the contract deposit of which is 360,000,000 won, and the total payment of which is 3,595,00,000 won and the total payment of which is 3,235,00,000 won and within 60 days after the approval of the project.

2. Where the contract is terminated because the non-party company failed to perform its obligation to pay the price under Article 3 above, the down payment that the non-party company paid to the defendant shall revert to the defendant

Article 14 (Matters under Special Agreement)

4. The buyer is changed for the smooth progress of the non-party company.

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