beta
(영문) 인천지방법원부천지원 2019.05.22 2017가단101371

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 22, 2011, C forest land 8,231 square meters was divided into seven parcels, including 1,501 square meters in D forest land, 1,501 square meters in E forest land, 1,501 square meters in F forest land, 1,501 square meters in G forest land, 1,491 square meters in G forest, 1,319 square meters in H forest, 947 square meters in I forest land, and 41 square meters in J forest, etc.

(hereinafter, whether before or after the division, “the land of this case” is deemed to be “the land of this case”).

On May 31, 2011, the Plaintiff entered into a contract with K to purchase the land of this case in KRW 1,294,800,000 with the purchase price for the land of this case owned by K. At the time L, the Plaintiff and M represented by K.

(B) On the other hand, the Defendant, who is engaged in the real estate brokerage and development business under the trade name of “N,” was delegated with the duties concerning the negotiations of sales contracts or development activities by the Plaintiff or L with respect to the instant land and the instant land and the instant land of 7,320 square meters, Pland of 840 square meters, and Q295 square meters and land of 295 square meters prior to Qua (hereinafter “instant land”).

C. On August 30, 201, the Plaintiff paid KRW 38,000,00 to K for the performance of the obligation to pay the price under the instant sales contract, and thereafter, took out a loan from a financial institution as follows.

LST’s loan of 494,000,000 won on December 27, 201, 201, G, H, I, and J, the maximum debt amount of the land subject to collateral security registration, E, I, and J, the debt amount of 494,000,000 won on the loan date of the debtor, the maximum debt amount of the right to collateral security registration, and KRW 380,000 on December 27, 201, G, H, I, I, and J, the amount of KRW 650,00,00 on December 28, 201, T, the amount of KRW 49,637,270 on December 28, 2011, D, I, and J, the amount of KRW 494,00,000,000 on December 28, 2011, U. 370,706,330 won

D. After each of the loans was granted as above, the Plaintiff transferred to K the total amount of KRW 380,00,000 that was borrowed in the name of “R” and KRW 499,637,270 that was borrowed in the name of “T” respectively. Of KRW 379,00,000 that was borrowed in the name of “U”, the Plaintiff remitted KRW 257,163,00 to K out of KRW 379,00 that was borrowed in the name of “U”.

E. In addition, the remaining 122,543,30 won =379,706,330 won, excluding those remitted to K, among those borrowed in the name of “U” as above.