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(영문) 서울중앙지방법원 2015.01.14 2013가단136146

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The defendant is the executor of the Busan Franchi Construction Co., Ltd. (hereinafter referred to as the "Seochi Construction")'s office Ctel on the ground of one parcel other than the Geum-gu Busan Franchi Construction Co., Ltd. (hereinafter referred to as the "Stel").

B. On June 17, 2011, the Defendant entered into a contract with D (hereinafter “D”) on a parcelling-out agency (hereinafter “D”). According to the above contract, D’s business scope is “public relations for parcelling-out, specific plans for parcelling-out activities and the results of activities,” installation, operation, and maintenance of the sales office, guidance for the conclusion of the contract, management of subscription for parcelling-out and the promotion of payment for parcelling-out, cooperation for the payment of the sales contract, support for loan business, such as part payments by the seller, establishment of balance loan plan, support for loan business, investigation and feasibility related to parcelling-out and rent for the promotion of parcelling-out, review of research and feasibility related to parcelling-out and rent for the promotion of parcelling-out, all of the report of real estate transactions under the Act on Real Estate Agents’s Business and Report of Real Estate Transactions, and all of the other affairs related

C. On June 23, 2011, the Plaintiff received investment recommendation from D’s representative E, and entered eight units in the remitter column as listed below, and remitted the sum of KRW 79,292,350 to the Defendant’s deposit account for sales price eight times.

On the other hand, D entered into a sales contract with a third party for the pertinent heading room as listed below and received the down payment in cash or in check from the purchaser or in the deposit account of D, and then, the Defendant considered the money that the Plaintiff remitted to the Defendant as the down payment of the heading room contracted by each purchaser, and the buyer (or the purchaser of the right to sell) paid the intermediate payment and the balance to the Defendant, and completed the registration of ownership transfer for each heading room.

4089,461,560 F G on October 14, 201, 7119,712,210 H. 4089,461,560 on the date of concluding a sales contract for the Plaintiff remitter (or purchaser of a right to purchase).