부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On behalf of an international trust company around November 2010, the Defendant: (a) divided the 4th floor of the building “C” in Eunpyeong-gu Seoul (hereinafter “instant building”) into several sales facilities on behalf of the international trust company, as indicated in the attached Form; and (b) sold each divided section of exclusive ownership. The Plaintiff is the seller of each of the instant stores with the 4th floor G09 square meters (7.99 square meters in lots) and G010 (4.97 square meters in lots; hereinafter “instant two stores”); and (c) individually, the Plaintiff is the seller of each of the instant G09 units and the instant G010 units (hereinafter “instant G0 units”).
B. On August 10, 2013, the Plaintiff entered into each of the instant stores with the Defendant with the sales price of KRW 148,082,00 (instant G09 stores) and KRW 104,778,300 (instant G010 stores) (hereinafter “each of the instant sales contracts”), and completed the registration of ownership transfer for each of the instant stores on August 20, 2013. At that time, the Plaintiff paid the Defendant totaling KRW 252,860,300.
C. At the time of entering into each of the instant sales contracts, the Plaintiff prepared a written consent to guarantee the payment of earnings and a written confirmation as follows and delivered it to the Defendant.
【As the contents overlap each of the stores of this case in the written consent to guarantee the payment of earnings, they shall be explained together for convenience.】
1. Object objects: Each store of this case;
2. Contents 1) : content of guarantee 2) : Defendant 3: 8% annual revenue (including the store of G09 KRW 10,758,800 per annum (for the store of this case, KRW 896,567 per annum) and the earnings paid by the store of this case 7,626,800 won per annum (for the store of this case, KRW 635,567 per annum) and the company D (hereinafter “D”) for the period of 4): 5 years from the date of completion of registration: 5 years from the date of completion of registration; 6) revenue for the payment period shall be paid from the end of the month following the end of each month; 6) and other basic amount of guarantee benefiting shall be “gold sale - refund - D deposit.”
(2) The period of guarantee.