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(영문) 서울서부지방법원 2015.10.14 2014가단257236

부당이득금

Text

1. The Defendant’s KRW 85 million with respect to the Plaintiff and the Plaintiff’s annual rate of 5% from October 14, 2014 to October 14, 2015, and the following.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff and the Defendant’s sales contract concluded a sales contract on June 30, 201 to purchase KRW 4.2/6 of the purchase price of KRW 57.4 million among KRW 190.4 square meters owned by the Defendant on June 30, 201. On July 1, 2011, the Plaintiff paid the Defendant the purchase price of KRW 40 million, and the Plaintiff completed the registration of ownership transfer regarding the said shares. On July 1, 201, the Plaintiff is an unauthorized building (hereinafter “instant real estate”) constructed on the said land, which was owned by the Defendant on July 1, 201.

(2) The sales contract provides that the sales price shall be KRW 240 million, and the down payment and the intermediate payment shall be KRW 50 million each on the contractual date and the remainder KRW 140 million shall be paid on the contractual date and paid until December 30, 2011 (hereinafter “instant sales contract”).

(2) On September 6, 2012, the Plaintiff concluded a sales contract with the Defendant to sell the instant real estate to YD Co., Ltd through the Plaintiff’s representative director E to YD Co., Ltd. (the contract amount of KRW 30 million, the intermediate payment of KRW 170 million, the remainder of KRW 80 million, and the remainder of KRW 80 million).

On September 7, 2012, the Defendant received the down payment of KRW 30 million from Doz, and paid 15 million to the Plaintiff on September 7, 2012.

Since then, the defendant received 70 million won as the purchase price from Doz.

3) On September 2, 2014, the Defendant, via E, sold the instant real estate in the purchase price of KRW 300 million (the contract amount of KRW 30 million, intermediate payment of KRW 120 million, and the balance of KRW 150 million, and the remainder of KRW 150 million, out of the down payment and intermediate payment of KRW 150 million, shall be deposited in the Plaintiff’s account, and the remainder shall be deposited in the Plaintiff’s account.