beta
(영문) 서울중앙지방법원 2015.01.15 2014가합542646

부당이득금

Text

1. The Defendant shall pay to the Plaintiff KRW 122,068,975 as well as 20% per annum from November 5, 2014 to the date of full payment.

Reasons

Basic facts are based on a contract (hereinafter “instant sales contract”) entered into with Nonparty 3’s agent D to purchase the land and ground buildings in Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”) at KRW 850 million between the Defendant and Nonparty 3’s agent D to purchase the said land and ground buildings (hereinafter “instant real estate”). The contract deposit amount of KRW 20 million shall be paid on the date of the contract, and the intermediate payment of KRW 580 million shall be paid on the date of the contract, and the contract amount of KRW 50 million shall be paid on the date of the intermediate payment of KRW 50 million to the seller, instead of the intermediate payment of KRW 50 million, the secured debt (the maximum amount of the claim: KRW 865 million; KRW 50 million; KRW 50 million; KRW 30 million; KRW 30 million; KRW 250 million shall be paid to each person designated by the buyer on April 18, 200, the sale price announced publicly.

(2) On May 28, 2003, the Defendant: (a) designated the Plaintiff pursuant to the instant special agreement and completed the registration of transfer of ownership on the instant real estate (hereinafter “instant transfer of ownership”); (b) on or around August 28, 2003, the Plaintiff revoked the right to collateral security under the name of the Korean Bank (hereinafter “Korean Bank, Co., Ltd, Co., Ltd., Ltd., and Co., Ltd.: (a) borrowed KRW 50 million from the Korean nationals’ Bank, Co., Ltd., Ltd., and Co., Ltd., Ltd. (hereinafter “Co., Ltd.”). (c) on or around August 2003, the Plaintiff revoked the registration of transfer of ownership on the instant real estate (hereinafter “instant loan”).

On the other hand, on December 6, 2011, the defendant filed a lawsuit seeking implementation of the procedure for ownership transfer registration against C on behalf of C, and implementation of the procedure for ownership transfer registration in subrogation of C against the plaintiff, the Seoul Western District Court 201Ga15155, hereinafter referred to as "related lawsuit").

on October 1, 2012.