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(영문) 서울북부지방법원 2016.02.02 2015나2285
부당이득금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. On September 6, 2013, the Plaintiffs entered into a sales contract with F to purchase housing of approximately 132 square meters and its ground multi-family housing (hereinafter “instant housing”) owned by F (hereinafter “instant sales contract”) for KRW 400 million, between F and F as a broker of the Defendants, and completed the registration of ownership transfer as to each of the aforementioned real estate portion on December 5, 2013.

B. At the time of the conclusion of the instant sales contract, the Plaintiffs agreed with the Defendants that “if the Plaintiff pays KRW 10 million to the Defendants, the Defendants would pay the said money to the instant lessee at the director’s expense, and let the said lessee order the instant house to the Plaintiffs before December 5, 2013, which is the remainder payment date of the said sales contract, but if the name is not available, the Plaintiff would return the KRW 10 million to the Plaintiffs, and the damages would be responsible for the Defendant’s damages (hereinafter “instant agreement”). On September 9, 2013, the Defendants paid KRW 10 million to the Defendants.

C. However, by December 5, 2013, the remaining payment date of the instant housing did not constitute 101, 102, and 201 among the instant housing.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 through 13 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment on the cause of the claim, the defendants did not perform their obligations under the agreement of this case that should be fully ordered to the plaintiffs before the payment date of the balance of the sales contract of this case.

Therefore, pursuant to the instant agreement, barring special circumstances, the Defendants are jointly and severally liable to the Plaintiffs, each of which is five million won, and Defendant C with respect thereto, from July 10, 2014, the next day after the delivery of a duplicate of the instant complaint to the said Defendant, and Defendant D with respect to the said Defendant.

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