부당이득금
1. Defendant D Co., Ltd.:
A. As to Plaintiff (Counterclaim Defendant) KRW 119,493,416 and its KRW 109,285,000 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that carries out the business of newly constructing and selling F (hereinafter “instant hotel”) a hotel on the land outside of E and eight parcels of Gyeongbuk-si, Gyeongbuk-si, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a trust company entrusted by Defendant D with the execution of the instant business, and the Plaintiffs are the buyers of the instant hotel.
B. On June 4, 2016, Plaintiff A entered into a sales contract with Defendant D to sell the hotel G units of this case in KRW 218,570,00,00. On June 5, 2016, Plaintiff A paid KRW 21,857,000 in total, including the down payment of KRW 18,857,00 on June 19, 2016, to Defendant C’s account designated by Defendant D, with KRW 30,000,00 in the name of Defendant C. On June 4, 2016, Plaintiff B paid KRW 21,857,00 in total, including the down payment of KRW 18,857,00 in the name of Defendant C, and paid KRW 30,00,000,000,000 in the name of Defendant D’s account. Plaintiff B paid the down payment from Defendant D’s account in the same name as Defendant C’s account designated by Defendant D.
C. On February 16, 2016, Defendant D entered into a sale management trust agreement with Defendant C with respect to the instant hotel, but entered into a contract to amend the said sale management trust agreement to a management-type land trust agreement (hereinafter “instant trust agreement”) on February 23, 2017.
The contents of the instant trust agreement concerning the instant case are as follows.
The Trust Contract of this case, D Co., Ltd. (hereinafter referred to as the "Entrusted Person"), C Co., Ltd. (hereinafter referred to as the "trustee"), and I Co., Ltd. (hereinafter referred to as the "City Co., Ltd.") shall conclude the Trust Contract of this case (hereinafter referred to as the "Trust Contract") as follows:
Article 16 (Performance, etc. of Sale Business) (1) A truster shall conduct sale business, such as advertising for sale and sales contract.