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(영문) 수원지방법원 2021.02.05 2019나80305

부당이득금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and the appeal shall be 1.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows evidence submitted in this court, it is acknowledged that the facts of first instance and the judgment are legitimate.

Accordingly, the reasoning of the judgment of this court is the same as the reasoning of the judgment of the first instance, except the following parts, and thus, it is acceptable to accept the judgment in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part of the judgment of the first instance that was used after the completion of the contract is 3 to 5,00,000 won “The contract was terminated and the installment payment was returned to 20,070,000 won from the contractor.” The part that “the interest on the overdue part was paid and the sales contract was terminated and the 20,070,000 won was terminated.”

During the fourth 10 parallels of the judgment of the court of first instance, the part "A's evidence Nos. 4, B 5 through 7" is deemed to read "A's evidence Nos. 4 through 11, B's evidence Nos. 5 through 13 or video."

The 5-17 main part of the judgment of the first instance is as follows.

D. D. K Co., Ltd. executed a total of KRW 800-12 million per unit of apartment sales commission for each apartment unit to its affiliated sales counselors, and executed a sales commission for the remaining households located on the low floor and remaining unsold in lots, such as the apartment of this case. In order to complete the sale of the apartment of this case, K Co., Ltd., Ltd., a large increase in sales commission, and executed a sales commission for at least KRW 40 million per unit.

The Plaintiff, based on the significantly increased sales commission, can cover the down payment of the apartment of this case, and arranged a sales contract under the condition that the Defendants “in the event of gains arising from the sales contract by supporting the down payment on the condition that the sales contract was concluded, but by resale of the right to sell in a short period, some of the down payment is

⑤ In addition, the Plaintiff paid brokerage fees to Defendant B’s authorized broker for the payment of accrued interest when the resale of the apartment of this case was made. The Defendants up to December 2016.