부당이득금 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On August 13, 2007, the Plaintiff entered into a sales contract with the Defendant’s broker engaging in real estate brokerage business with his high-class four degrees of residence in Japan, stating that the Plaintiff purchased the Gangdong-gu Seoul Metropolitan Government D Underground Floor Non-02 (hereinafter “instant real estate”) from C for KRW 140,000,000,000,000 for contract deposit of KRW 14,000,000 on the date of the contract, and the remainder of KRW 126,000,000 on September 30, 2007, and as a special agreement, “The attachment, provisional attachment, and collateral mortgage should be cancelled in principle until the remainder is the remainder.”
B. Meanwhile, at the time of the above sales contract, the attachment of Leecheon Tax Office on November 17, 2006 on the real estate of this case, provisional attachment (the claimed amount of KRW 43,653,213 on January 9, 2007), E-mail (the maximum amount of claims amount of KRW 28,000,000) on September 11, 2007 (the maximum amount of claims amount of KRW 82,00,000) was registered respectively, and E-provisional attachment (the claimed amount of KRW 10,200,000 on September 11, 2007) was registered after the sales contract of this case.
C. On September 7, 2007, prior to the payment date of the remainder, the enforcement of the provisional attachment of Teinal was cancelled, and on September 10, 2007, the FF mortgage established on the instant real estate was cancelled, and on September 12, 2007, the registration of ownership transfer was made in the Plaintiff’s future with respect to the instant real estate.
Since then, on September 21, 2007, the seizure of E-tax secretary was cancelled on September 27, 2007, and the provisional seizure of E was cancelled on December 10, 2007.
On October 31, 2007, the Defendant entered into a lease agreement that leases the instant real estate in KRW 75 million as the Plaintiff’s representative to G, and received 75 million won from G through three times on November 2007 (hereinafter “instant deposit”) from G and remitted KRW 47,77 million among them to the account designated by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff alleged by the parties concerned shall file the lawsuit of this case.