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(영문) 대전지방법원 2018.08.23 2017가합108183
부당이득반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

가. 원고들은 2014. 5. 15. 피고 회사로부터 세종시 G 외 5필지 12,642m{} ^{2}(이하 ‘이 사건 부동산’이라 한다)를 매매대금 6,115,000,000원으로 매수하면서, 계약금 500,000,000원은 계약당일 50,000,000원을, 2014. 5. 21. 450,000,000원을 각 나누어 지급하고, 중도금 500,000,000원은 개발행위허가를 받은 날로부터 이틀 후에 지급하며, 잔금 5,115,000,000원은 2014. 9. 16.에 지급하기로 약정하였다

(hereinafter “instant sales contract”). B.

The Plaintiffs concluded the instant sales contract with a third party to obtain gains from the resale of the instant real estate, and for this purpose, the instant sales contract was automatically terminated when the Defendant Company did not obtain development activities and construction authorization regarding the instant real estate between the Defendant Company and the Defendant Company on May 16, 2014. At the same time, the Defendant Company agreed to provide cooperation with the Defendant Company’s power of attorney, personal seal impression, and identification card copies so that the Plaintiffs may sell the instant real estate to another person.

C. On May 16, 2014, the Plaintiffs paid only KRW 50,000,000 as down payment to the Defendant Company, and KRW 100,000,000 per day of the same month, respectively. The Plaintiffs paid each of the remaining down payment KRW 200,000,000 on May 26, 2014, five days after the date of the agreed payment of down payment, and KRW 150,00,000 on May 26, 2014, respectively.

On the other hand, around July 2014, Defendant Company, H, I, J, and K, etc. received each report from the Sejong Special Self-Governing City Mayor on July 23, 2014, stating that they will build two general restaurants, etc. on the ground of the instant real estate. The Plaintiffs paid KRW 500,000,000 as part payment to the Defendant Company around September 5, 2014, which was 44 days after the acceptance date.

The Plaintiffs did not pay the balance of the instant sales contract to the Defendant Company on September 16, 2014, which was the remainder payment date of the contract, and the purchaser’s personal information to be transferred the ownership of the instant real estate is also the same.

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