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(영문) 수원지방법원안산지원 2015.09.17 2014가합2430
부당이득금 반환 청구의 소
Text

1. The Defendant: (a) KRW 70,873,360 for the Plaintiff and KRW 5% per annum from December 24, 2013 to September 17, 2015.

Reasons

1. Basic facts

A. On November 22, 2007, the Plaintiff sold KRW 295 million to the Defendant, an amount of KRW 273.5 square meters (hereinafter “instant land”), which is one’s own ownership, the Plaintiff agreed to lend the instant land as collateral and to cover the amount of the deposit that the Defendant would receive from tenants after constructing a new building on the ground (hereinafter “instant sales contract”), and stipulated the following special terms (hereinafter “special terms”).

Matters of special agreement

1.The contract shall be entered into in accordance with the separate note of agreement in the contract.

2. Any balance shall be paid with loans from the land concerned in substitution for any balance;

3. Interest on loans received by the purchaser shall be borne by the purchaser.

(after the difficulties in granting design licenses). (b)

The contents of the agreement attached to the contract at the time of the conclusion of the contract of this case (hereinafter referred to as the "agreement of this case") are as follows.

Agreements

1. A shall provide, without any condition, all necessary documents under the name of A from the construction permission and commencement to the sale in lots and completion of the project;

2. A shall not cause any legal defects to the ownership and any other legal defects for the period of completion of sale from the commencement of construction work.

3. The global income tax, etc. on construction and sale shall be borne;

4.B shall be fully responsible for all costs and circumstances arising from the construction and sale of buildings in units.

5. B shall pay the full amount of the purchase price within five months from the date on which a building permit was granted.

6. A recognizes that there is no responsibility or right arising from construction or sale in addition to the purchase price.

7. B shall voluntarily use the seals under Gap’s name, which are necessary for building permission and parcelling-out, and shall not use them for any other purpose.

8. If the above agreement is not reached, the non-compliancer will compensate for the other party's damage, without any condition.

seller A: The buyer of the Plaintiff: Defendant et al.

C. The plaintiff is a down payment from the defendant on the date of the contract.

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