손해배상(부당이득금)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is a limited company established for the purpose of real estate development, sale, lease, and related incidental business, and the Defendants are those who newly build and sell the building E with the trade name C, which is the second underground floor in D and the fifth-class neighborhood living facilities E with the real estate development and supply.
B. On October 28, 2015, the Plaintiff purchased buildings 110 (hereinafter “10”) and 111 (hereinafter “11”) from the Defendants each KRW 600 million in total, KRW 1.2 billion (excluding value-added tax). The Plaintiff completed the registration of ownership transfer on November 10 and 111 of the same year.
【Fact-finding, Gap’s 1, 2, 3 evidence, Eul’s 1, 2, and 3 evidence (including each number), the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is that the Defendants: (a) sold 10 and 111 units to the Plaintiff; and (b) the sales area and exclusive use area of the E Building 112 et al. are larger than the sum of 110 and 111 units immediately next stores.
The Defendants sold in KRW 1.2 billion to the Plaintiff. After the Defendants sold in lots 110 and 111 by raising the future investment value and the expectation of price increase, the Defendants sold in excess of 112 excessively high prices to third parties are unlawful as it goes beyond the scope of discretion under private contracts and did not perform the obligations of the purchaser and seller. Therefore, the Defendants jointly and severally are liable to pay to the Plaintiff the total amount of KRW 250,000,000 (=10,111 - the usual sale price of KRW 3,157,000) x 110 and 1111 x 38 square meters in total.
B. In addition to the entry of the certificate No. 5 on the facts of the above recognition and the grounds for recognition, the fact that the Plaintiff’s sales area under 110 and 111 is 118.84m2, the exclusive area for exclusive use by its occupant is 62.79m2, the sales area under 112 is 327.31m2, the exclusive area by its occupant is 158.4m2, and the exclusive area by its occupant is 110m2.