logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.03.09 2020가단5110000
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. On January 26, 2010, the Plaintiff entered into the instant sales contract and options contract (1) with the operator and construction private person of the Jung-gu Incheon Metropolitan City New Apartment Construction Project, and the said D Apartment E (hereinafter “instant apartment”) (hereinafter “instant sales contract”).

The main contents of the instant sales contract in this case relating to the scheduled occupancy date: The scheduled occupancy date: The Plaintiff may rescind the instant sales contract with the maximum amount of KRW 16,570,000 on July 15, 2011, when the first and the second third fifth and the third fifth and six contracts for the remainder of the down payment of November 201 (if any change is made by the process, the later notification date) (the supply price and payment method) were concluded on April 15, 2010, when the first and the third fifth fifth five contracts are concluded on April 15, 2010, and the Plaintiff may not cancel the instant contract with the maximum amount of KRW 31,540,00 (the next contract).

1. Where the payment is not made even though the peremptory notice has been given two times or more by setting a grace period of at least 14 days because the intermediate payment prescribed in Article 1 has not been paid on three consecutive occasions (Provided, That in cases prescribed otherwise by the Rules on Housing Supply, it may be prescribed by this Rule);

2. When the balance is not paid within three months from the agreed date, Article 3 (Penalty) (1) (1) through (2) and Article 2 (2) (2) shall revert to the Plaintiff as a penalty for breach of contract, when the contract is terminated for reasons falling under Article 2 (1) 1 through 2 and Article 2 (2).

(3) In cases falling under paragraphs (1) and (2), with respect to the price already paid by the adopted child (Provided, That in cases falling under paragraph (1), the penalty shall be deducted), the Plaintiff shall refund to the adopted child the amount by adding an interest equivalent to 5% per annum from the date of receipt to the date of return, respectively.

Article 7 (Interest on Loan) The Plaintiff’s key to arrange part payments loans, only when both parties apply for part payments loans, as follows:

(1)

arrow