부당이득금
1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. On June 14, 2003, the Plaintiff and the Defendant on behalf of the designated person who is one’s own son: (a) concluded a sales contract with the Defendant on June 16, 2004 with the content that the designated person will make up for KRW 864,00,000 on the land and its ground buildings in Mapo-gu Seoul Metropolitan Government (hereinafter “instant real estate”); and (b) purchased the said building at KRW 864,00,000; and (c) paid KRW 844,00,000 from the purchase price in lieu of accepting the Defendant’s obligation to return the lease deposit to the above lessee; (d) the remaining KRW 20,000,000 for the lease deposit and the remainder as KRW 10,000 each; and (e) the delivery of the instant real estate was made on June 16, 2004 (hereinafter “instant sales contract”); and (e) paid to the Defendant a down payment of KRW 100,000 on the day.
B. On June 16, 2003, the designated party paid 7,000,000 won remaining after deducting 3,000,000 won from D as the lease deposit for No. 104 of the instant building from D, and the Defendant completed the registration of ownership transfer for the instant real estate on June 23, 2003.
[Ground of recognition] The fact that there is no dispute, Gap evidence 2, Eul evidence 7, the purport of whole pleading
2. The plaintiff's assertion
A. The Defendant, around June 2003, sold the instant real estate in KRW 864,00,000 to the selected parties by deceiving the Plaintiff, and incurred approximately KRW 464,00,000 to the Plaintiff and the designated parties, thereby claiming the payment of damages therefrom.
B. On June 2003, the Defendant, by deceiving the Plaintiff that there was rent of KRW 1,200,000 per month when acquiring the instant real estate from the Plaintiff, had the Plaintiff acquire the instant real estate by auction, and had the Plaintiff sell the instant real estate by auction from June 2003 to July 2006, calculated by applying the annual interest of KRW 1,200,000 per annum and the monthly simple interest of KRW 0.08 to future value 52,656.