(영문) 울산지방법원 2016.02.03 2015가단54171

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(영문) 울산지방법원 2016.02.03 2015가단54171

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 9, 2015, the Plaintiff concluded a sales contract with the Defendant to purchase KRW 1013 square meters of the purchase price of KRW 210,013 square meters of forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). At that time, the Plaintiff agreed to pay the remainder of KRW 30 million on the date of the contract, and the remainder of KRW 180,000,000,000 on April 8, 2015.

B. At the time of the instant sales contract, the Plaintiff entered into the following special agreement with the Defendant (hereinafter “instant special agreement”).

CD E FF CF

C. On March 9, 2015, the Plaintiff paid KRW 30 million to the Defendant the instant sales contract deposit.

On April 7, 2015, the Plaintiff sent to the Defendant a certificate of content that “If the Defendant fails to comply with paragraph (2) of this case’s special agreement, the instant sales contract shall be rescinded,” and on April 9, 2015, the instant sales contract is rescinded since the Defendant failed to comply with paragraph (2) of this case’s special agreement. The Defendant sent to the Plaintiff a certificate of content that “The Defendant returned down payment of KRW 30 million and paid KRW 30 million in advance.” The Defendant received certification of each of the above contents around that time.

[Reasons for Recognition] Uncontentious Facts, Gap 1-4, Eul 9, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The Defendant did not perform Paragraph 2 among the terms of the instant special agreement, and the Plaintiff rescinded the instant sales contract by proving the content of the instant special agreement on this ground. 2) Since the instant sales contract was lawfully rescinded due to the Defendant’s cause attributable to the Defendant, the Defendant should return the down payment that was recovered to the Plaintiff, and pay the amount of KRW 30 million,000,000,000,000 for the liquidated damages.

Therefore, the defendant is obligated to pay to the plaintiff KRW 60 million ( KRW 30 million) and its delay damages.

B. Judgment 1: (a) No. 4 of the Defendant alone is the instant case.

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