부당이득금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:
1. The basic facts of the claim ① On September 4, 2016, the Plaintiff acquired the title of the right to sell the pertinent real estate in the name of the Defendant (at the time of the contract, the Defendant purchased the right to sell the said real estate, but did not acquire the title of the right to sell the said real estate in the name of the right to sell the real estate in the form of KRW 245 million [2 million out of the contract amount of KRW 24 million] 25 million.
() The remainder of KRW 221 million shall be paid immediately, and the remainder shall be paid by October 14, 2016. The term of the lease has been concluded under the obligatory lease contract (hereinafter “instant contract”). At the time of the said contract, the Plaintiff requested the Defendant to cooperate in receiving the loan as a lessor by having the remainder of the loan expected to be paid with the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the loan for the lease. The said contract for the loan for the lease to the Defendant was included in a special agreement, and Article 7 of the said contract for the said contract provides that “The lessor shall actively cooperate with the loan for the lease for the loan for the loan for the lease for the loan for the lease for the lease for the lease to the Defendant.” < Amended by Act No. 14303, Oct. 14, 2016; Act No. 1620, Sep. 24, 2016; Act No. 17200, Feb. 2016, 200, Feb. 2016.
H. On September 10, 2016, the Plaintiff confirmed that the name of a seller was changed in the name of the Defendant, and remitted KRW 22 million to the Defendant.
Around September 8, 2016, immediately after the conclusion of the instant contract, the Defendant transferred money to the Defendant as down payment, and around September 8, 2016, the Defendant requested the Plaintiff to increase the amount of deposit for lease on a deposit basis, “A deposit shall be increased by KRW 15 million, and the interest on the amount of deposit for lease on a deposit basis that has been received above, shall be paid within the limit of interest.” However, the Plaintiff refused the said request. ④ The Plaintiff requested the Korea Bank DF Center to provide the above loan for lease on a deposit basis, and received the said request.