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(영문) 청주지방법원 2016.06.22 2015가단20759

부당이득금 등

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the claim for return of unjust enrichment

A. The Plaintiff asserted that, as a broker of the Defendants, the Plaintiff purchased real estate, such as land, etc. located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, and one other from Nonparty D in order to purchase the purchase price of KRW 420 million. The Defendants asserted that the Plaintiff had the Plaintiff pay KRW 470 million with the purchase price, and that there was unjust enrichment equivalent to KRW 50 million with the additional amount received by the Defendants by holding KRW 50 million among them.

The defendant asserts that there was no unjust enrichment since the actual purchase price was KRW 470 million.

B. We examine the amount of the purchase price determined.

On September 30, 2006, the Plaintiff made a sales contract (Evidence 1) with the husband of Defendant B, and the husband of Defendant C, and the husband of Defendant C, as F, to introduce the purchase price of KRW 153 square meters in Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, as KRW 50 million, KRW 130 million in the purchase price, KRW 150 million in the E-ground building between H, KRW 280 square meters in the E-building between H and D, and KRW 240 million in the purchase price. The Plaintiff agreed to substitute the payment of KRW 194 million in the purchase price, KRW 25 million in the lease deposit, and the Plaintiff did not receive KRW 300 million in the purchase price from September 30, 2006 to December 16, 2006 from September 30, 2006, or each of the above real estate receipts of KRW 150 million in the purchase price (Evidence number of KRW 300 million in the above real estate).

In the following circumstances, the sum of the purchase price stated in each of the above sales contracts, namely, KRW 420 million, which can be known in the entry of the above facts and evidence No. 2, but the sum of the purchase price stated in each of the above sales contracts is KRW 420,000,000,000 paid by the Plaintiff as the “sale price” of each of the above real estate, and the sum of the amount agreed to succeed to KRW