부당이득금
1. The Defendant: (a) KRW 166,720,400 for the Plaintiff and KRW 5% per annum from October 21, 2017 to November 29, 2018; and (b) the Plaintiff.
1. Basic facts
A. The relationship between the parties 1) The Plaintiff is Changwon-si Seoul Special Metropolitan City C Ilwon (hereinafter “instant project site”).
A) A regional housing association under the Housing Act is established for the purpose of constructing apartment units and supplying apartment units to its members and general buyers. 2) The Defendant is a certified judicial scrivener entrusted by the Plaintiff with the affairs related to the registration of ownership transfer of the instant project site.
B. On June 30, 2017, the Plaintiff entered into a delegation contract with the Defendant to delegate the registration of ownership transfer of the instant project site to the Defendant, and to pay KRW 10 million (excluding value-added tax) in addition to standard fees (hereinafter “instant contract”).
(2) The Plaintiff paid 5.5 million won to the Defendant on the day of the contract as the down payment, and paid the remainder at the time of completion of the registration of collective ownership transfer.
3) On July 24, 2017, the Plaintiff paid KRW 1,156,788,90 in total under the expected registration cost to be paid at the time of registration, such as acquisition tax and education tax. 4) The Defendant completed the transfer of registration under the instant contract on August 4, 2017.
5) As a result of the calculation of the cost following the completion of registration, the registration fee, including acquisition tax and education tax, was paid in KRW 976,708,040, which is less than the expected amount. The registration fee under the instant contract is KRW 7,860,450 (including value-added tax). (c) The Plaintiff entered into a sales contract with the Plaintiff on September 29, 2014, with regard to D and Chang-gu E-gu, Changwon-si, Changwon-si, Seoul Special Metropolitan City, with the purchase price of KRW 225,00,00 for the land and the building on which KRW 658,80,000 was paid.
(2) On March 31, 2016, the Plaintiff concluded a sales contract of KRW 50,000,00 with respect to D and Changdong-gu G, Changwon-si and KRW 56 square meters and its ground buildings (hereinafter “instant sales contract”). (hereinafter “instant sales contract”).
(3) The Plaintiff is in accordance with the sales contract of this case.