beta
(영문) 대전지방법원 2019.06.28 2018나115359

부당이득금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. Upon receipt of a proposal from C to purchase the land of this case, the Plaintiff and D, as it could make up for KRW 6,500,000 per square meter, the E-si in Busan-si (hereinafter “instant land”) owned by the Defendant, the Plaintiff and D deposited KRW 100,000 in the agricultural bank account under the name of the Defendant’s name on December 28, 2017.

B. On January 16, 2018, D proposed a plan to pay the Defendant, through C, the remainder of the down payment (an amount equivalent to 10%) on January 17, 2018, with respect to the payment of the purchase price, to the Defendant on March 17, 2018, to establish an intermediate payment (an amount equivalent to 30%) and provisional registration on March 17, 2018, and to pay the remainder (60%) on March 16, 2019.

(C) The Plaintiff, D, F, and C, the representative director of the Defendant, were further discussed on January 17, 2018. At the time, the Plaintiff, for two months, did not object to the Plaintiff even if the Defendant sold the instant land to a third party, and the Defendant returned the said provisional contract deposit, and if the Defendant did not sell the instant land to a third party by the lapse of two months, the remaining amount out of the down payment (10%) on March 17, 2018, the intermediate payment (30%) on June 16, 2018, and the remainder (60%) on June 15, 2019 (hereinafter referred to as “the second proposal”).

After that, C would accept both the first and second proposals to D on January 18, 2018, and D would choose the terms and conditions of payment. Accordingly, D would wish C to meet on January 22, 2018 and would receive in advance the terms and conditions of the contract by facsimile.

E. Meanwhile, on January 23, 2018, D sent a message to C to the effect that it would suspend discussions related to the sale and purchase of the instant land. Nevertheless, C notified the Plaintiff and D that it would accept each of the above proposals on the same day, and C sent a different message by giving notice to C by January 24, 2018, setting the date of preparation of the sales contract on the instant land.

(f).