beta
(영문) 대전지방법원천안지원 2016.05.27 2015가합102159

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. Defendant B, while operating “H Health Institute” in the vicinity of “G Licensed Real Estate Agent Office” located in the city of Busan operated by the Plaintiff, maintained a close relationship with the Plaintiff since early 201. Defendant C is the wife of Defendant B, and Defendant D and E are the children of Defendant B.

The Plaintiff, from April 2006 to January 2014, was in charge of the duties of the I clan (hereinafter “instant clan”) and managed the funds of the said clan from the end of 2008.

B. On March 14, 201, Defendant B entered into a sales contract to purchase “K 24,03 square meters (hereinafter “instant land”) at KRW 130,000,000,000 (hereinafter “instant sales contract”) with J on March 14, 201, Defendant B paid KRW 10,000 as the agricultural bank account in the name of L, a manager of the instant land, on the date of the contract, and paid KRW 120,00,000 to the remainder on June 20, 201.

C. On June 9, 2011, the Plaintiff paid KRW 210,000,000 as the purchase price under the above sales contract with L’s account. On July 29, 2011, the registration of ownership transfer was completed on the instant land under Defendant D’s name.

From May 16, 201 to January 24, 2014, the Plaintiff remitted total of KRW 65,300,000 to Defendant C’s account, as shown in attached Table 1, and total of KRW 24,051,980 to Defendant D’s account from April 8, 201 to June 13, 2013, as listed in attached Table 2, as shown in attached Table 2, and KRW 2,12,70 to Defendant E’s account from January 4, 2012 to March 11, 2013, respectively.

E. On January 7, 2015, the Plaintiff used the funds of the instant clan as personal debt repayment on April 8, 2011, and embezzled KRW 783 million from the purchase price received after selling the land owned by the instant clan on May 27, 2011.

‘The two-year sentence of imprisonment for criminal facts, etc.' was finalized.

[Judgment of the court below]