부당이득금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. C (hereinafter “C”) promoted a business establishing E within Mapo-gu Seoul Metropolitan Government D (hereinafter “instant business”) and was declared bankrupt on October 18, 2010
(Seoul Central District Court 2010Hahap28). (b)
On June 14, 2004, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) concluded a sales contract of KRW 846.61 million with respect to KRW 17,00,000 for the sale price among G 2 complex buildings to be newly constructed on the land of KRW 5653 square meters in the F zone among the instant land for the instant project, and the buyer B concluded a sales contract of KRW 7509,000 for the sale price of KRW 114,00 for the building of KRW 32 complex on the same day and the above G2 complex on the same day (hereinafter “Plaintiff et al.”), respectively, and the Plaintiff et al. completed the registration of ownership transfer under their names as to each of the above buildings.
[Ground of recognition] Facts without dispute, Gap 3-1-2, 32, Eul 2, and 3, the purport of the whole pleadings
2. The plaintiff's assertion
A. Since C, which is the primary cause of the claim, concluded each of the instant sales contracts by deceiving the Plaintiff, etc., received the sales price from the Plaintiff, etc., and donated it to the Defendant, thereby gaining profits without any legal cause and causing damage to the Plaintiff, etc., the Defendant sought the refund of the sales price and the amount equivalent to 10% thereof.
(B) On August 26, 2015, the Plaintiff asserted that the instant project is invalid as a false conspiracy between C and the Defendant, and asserts that C’s donation made to the Defendant is invalid as a resale prohibited by the relevant law, and that there is a duty to return unjust enrichment to the Defendant.
The trustee in bankruptcy of C in the preliminary cause of claim completed the registration of transfer of ownership with respect to H, I, and F in the project site of this case, and then donated this to the defendant.