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(영문) 창원지방법원 2015.08.27 2014가합36276
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On June 24, 2014, the Plaintiffs and the Defendant concluded a sales contract for the following major parts (hereinafter “instant sales contract”).

1. Indication of real estate (hereinafter “instant real estate”) - 5,091 square meters of forest land B in Kimhae-si - 478 square meters prior to Kimhae-si - 311 square meters of graveyard D in Kimhae-si - 727 square meters prior to E in Kimhae-si.

2.Article 1 of the Terms and Conditions of Contract) In the sale of the above real estate, the seller and the buyer agree to pay the purchase price as follows. - The purchase price of KRW 2.9 billion - The contract amount of KRW 2.9 billion is concluded and received by the buyer, etc. by depositing in the seller’s designated account at the time of the contract. Article 5) The seller shall compensate for the remainder of the contract deposit before the buyer pays the intermediate payment (in the absence of the intermediate payment agreement), and the buyer may waive the contract deposit and cancel the contract.

Article 6 In the event of default on obligations under this Agreement, the seller or the buyer of the contract may notify in writing the other party who has defaulted on obligations, and may cancel the contract if the other party has failed to perform the obligation.

In such cases, the seller and the buyer may claim damages from the other party respectively, and the standards of Article 5 shall apply unless otherwise agreed on the damages.

Contract deposit, intermediate payment, and balance deposit account: Defendant seller of Gyeongnam Bank: Defendant buyer: Plaintiffs

B. The Defendant, the Plaintiff Co., Ltd. paid KRW 70 million on June 24, 2014, and the Plaintiff Co., Ltd. paid KRW 40 million on June 25, 2014 as part of each down payment.

C. On June 27, 2014, the Defendant paid the Plaintiffs KRW 110 million, which is a part of the down payment amounting to KRW 200 million, and returned KRW 70 million to Suwon Co., Ltd. and KRW 40 million to Plaintiff ELK, respectively, who did not pay the down payment.

On November 11, 2014, the Defendant sold the instant real estate to Taesungex Co., Ltd.

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