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(영문) 서울남부지방법원 2020.11.05 2019나59774
부당이득금
Text

Of the part concerning the principal lawsuit in the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) who orders payment below.

Reasons

1. Basic facts

A. On June 13, 2017, G entered into a sales contract on behalf of the Plaintiff with the Defendant and the purchaser as the Plaintiff and with the seller as the Defendant for the third floor D (hereinafter “instant real estate”) of Gangseo-gu Seoul (hereinafter “instant sales contract”) with the Defendant for the purchase of KRW 298,000,000 for the purchase price (hereinafter “instant real estate”). The main contents of the instant sales contract are as follows.

2.Article 1 of the Terms and Conditions of the Contract (Sales Price and Time of Payment) (1) Seller and Buyer enter into an agreement between the seller and the buyer as follows:

Sales proceeds: 298,00,000 won: 29,800,000 won shall be paid at the time of a contract and the intermediate payment to be received: 100,000,000 won shall be paid on July 31, 2017, and 168,200,000 won shall be paid on September 13, 2017.

(A) Article 2 / [Transfer of Ownership] The seller shall deliver all documents necessary for the registration of ownership transfer and deliver the said real estate to the seller at the same time in receipt of the balance of the purchase price.

(A) Article 7 (Non-performance of Obligations and Compensation for Damages) If a seller or buyer fails to perform any of the terms and conditions of this Agreement, the other party may give written notice to the person who has defaulted and rescind the contract.

In addition, the parties to the contract may claim damages from the other party due to the cancellation of the contract, and the contract deposit shall be based on the compensation for damages, unless otherwise agreed.

(a) Matters of a special agreement;

1. It shall be traded in the current state of facilities;

(b)

6.In the event of the payment of intermediate payments, the seller will first pay the buyer documents necessary for provisional registration and pay the intermediate payment;

7.The current tenant deposits of KRW 135 million shall be included in the sales balance.

B Enterprise Bank I I

B. On June 13, 2017, the day of the instant sales contract, the Plaintiff paid the down payment of KRW 29,800,000 to the Defendant.

However, on September 5, 2017, the Plaintiff, as part of part of intermediate payment under the instant sales contract, (i) and (ii) around 10,000,000 won, and (iii) October 40, 200,000.

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