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(영문) 수원지방법원 안산지원 2017.02.15 2015가단116544

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 8, 2002, the Plaintiff, who was a legal spouse of C, entered into a sales supply agreement with C (mutual name: D; hereinafter “D”) to purchase KRW 71,408,00 for the purchase price of KRW 911 (hereinafter “the instant officetel”) of the building E-dong, Nam-gu, Incheon (hereinafter “D”), and paid KRW 7,140,000 on the same day as D.

B. On December 16, 2002, the Plaintiff agreed to pay the intermediate payment and the balance to D, and entered into a loan agreement with the new bank (the mutual name at the time of payment) on December 16, 2002, and paid a total of KRW 35,700,000 for the intermediate payment from the first to five occasions.

C. Meanwhile, according to the business agreement concluded on December 12, 2002 between the new bank and the executor D and the Marine Comprehensive Construction Co., Ltd., the contractor, and the contractor, and the Marine Comprehensive Construction Co., Ltd., the new bank loaned part payment to the buyer under the joint and several guarantee of the contractor and the contractor, but deposit part payment into the deposit account in the name of the executor and the contractor, and the buyer pays it on the maturity date. However, if the buyer transfers the occupancy qualification to a third party, the new bank may succeed to the obligation with the consent of the executor and the contractor.

On April 17, 2007, the Plaintiff and D cancelled the sales contract for the instant officetel. At the time, D prepared and issued a written confirmation to the Plaintiff that “The Plaintiff’s loans equivalent to the amount of part payments that the Plaintiff borrowed from a new bank shall be repaid by the new purchaser, but the sales right shall remain in the Plaintiff if the payment is not made.”

E. However, with respect to the instant officetel, KRW 35,700,000, the Plaintiff borrowed from a new bank, as to the instant officetel, remains in the name of the Plaintiff without assumption of the obligation, etc. until now, and thereafter, until March 31, 2015.