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(영문) 인천지방법원 2020.10.23 2019나4663

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On December 4, 2017, the Plaintiff’s mother entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) with respect to real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the Defendant, with the terms of KRW 80,000,00 for deposit money, the term of existence from January 10, 2018 to January 10, 2020 for the remainder date, and the remainder date for lease on January 10, 2018 for lease (hereinafter “instant lease agreement”).

B. On December 12, 2017, C paid a down payment of KRW 8,00,000 under the instant lease contract to the Defendant and received a receipt from the Defendant. The said receipt states that “This contract deposit shall not be accepted as a down payment for the withdrawal of the previous generation, and shall be immediately returned after cancelling this contract.”

C. C Pursuant to the instant lease agreement, upon receiving KRW 64,00,000 from the D Bank for a loan of the entire loan, and paid to the Defendant on December 28, 2017.

Meanwhile, on December 18, 2017, the Plaintiff entered into a sales contract with the Defendant for the purchase of the instant real estate (hereinafter “instant sales contract”). The Plaintiff entered into a sales contract with the following two types: (a) the contract date is December 18, 2017; (b) the sales price is KRW 65,00,000; and (c) the remainder date is December 29, 2017; (b) the contract date is December 29, 2017; (c) the purchase price is KRW 81,00,000; (d) the remainder date is KRW 81,00,000; and (e) the remainder date is December 30, 2017; and (e) the special agreement entered into a sales contract with the Defendant for the sale of the instant real estate (hereinafter “instant sales contract”).

E. On December 18, 2017, the Plaintiff paid the Defendant a down payment of KRW 5,00,000 according to the instant sales contract.

F. On January 8, 2018, the Defendant repaid C’s loan of KRW 64,00,000 to D Bank.

【Fact-finding, Gap’s 1, 2, 3 evidence, Eul’s 2, 3, and 4 (including additional numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff entered into the instant sales contract.