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(영문) 대전지방법원 2020.12.02 2019가단106979

부당이득금

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) As to the right to sell the instant apartment D (hereinafter “instant right to sell”) with respect to Sejong Special Self-Governing City, Sejong Special Self-Governing City, the Defendant purchased the instant right from the buyer E, and sold the instant right to sell it to the Plaintiff via the F Real Estate Brokerage Office (F Real Estate Brokerage Office) at the cost of KRW 170,000,000,000,000,000,000,000,000,000,000).

As a result, the Defendant’s contractual obligation to transfer the instant sales right to the Plaintiff was also impossible, and the sales contract between the Plaintiff and the Defendant was rescinded.

The Plaintiff received a refund of KRW 1500,000,000 from the purchase price around September 2018, and failed to receive the remainder of KRW 65,00,000.

The defendant is obligated to pay the plaintiff the amount of 65 million won and damages for delay with unjust enrichment.

B. The Defendant’s assertion that: (a) purchased the instant sales right from G, a licensed real estate agent for F real estate, at KRW 100 million; (b) transferred the instant sales right to G after approximately one month after receiving KRW 100 million from G; and (c) there is no lack for the Plaintiff to have entered into a sales contract with the Plaintiff.

2. As to the fact that a sales contract was concluded between the Plaintiff and the Defendant with respect to the right to sell the instant land, there is not any evidence to acknowledge otherwise.

The plaintiff's assertion is without merit to examine the remainder of the issue.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.