부당이득금
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and KRW 27,300,000, out of the above money, the interest rate of KRW 50,000 from February 11, 201 to the date of full payment.
1. The facts below are based on the following facts: (a) the plaintiff and the defendant did not dispute each other; or (b) Gap evidence Nos. 1, 2-1, 2, and 3 are acknowledged in full view of the purport of the whole pleadings.
As the owner of the building No. 104 of Yongsan-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”) the Defendant granted the right to representation regarding the sale of the said building to Nonparty D.
B. On July 15, 201, the Plaintiff concluded a contract with D to purchase the instant building at KRW 110 million (hereinafter “instant sales contract”) on behalf of the Defendant (hereinafter “instant sales contract”) and paid KRW 50 million to the Defendant and D’s account.
C. On October 25, 201, the registration of preservation of ownership in the name of the Defendant was made on the instant building, and thereafter the registration of ownership transfer was made on November 8, 201 under the name of Nonparty E.
2. According to the reasoning of the judgment on the cause of the claim, inasmuch as the Defendant’s obligation to transfer ownership under the instant sales contract was impossible in light of social concept, the Defendant is obligated to compensate the Plaintiff for damages incurred by nonperformance of obligation.
Therefore, the Defendant is obligated to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from February 11, 2014 following the delivery day of the written complaint to the day of full payment with respect to KRW 50 million and KRW 27,300,000, among the above money, within the market price of the instant building at the time the Plaintiff was unable to perform, according to the contents requested by the Plaintiff within the scope of the market price of the instant building, to the Plaintiff, KRW 5% per annum under the Civil Act from February 11, 2014 following the delivery day of the written complaint to June 23, 2014, and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from June 24, 2014 to the day of full payment.
The plaintiff shall serve a complaint of KRW 50 million on the whole from the next day.