부당이득금
1. The Defendants are jointly and severally liable to Plaintiff A for KRW 11,00,000 and the period from August 13, 2014 to the date of full payment.
Basic Facts
Defendant E entered into a real estate security trust agreement with Korea Trust Co., Ltd. (hereinafter “Korea Trust”) on May 7, 2012 with respect to the size of 656 square meters (hereinafter “instant land”) prior to G in Sungsung, with the Korea Trust Co., Ltd. (hereinafter “Korea Trust”) to preserve, manage the instant land and to liquidate and settle the instant land if Defendant E is not able to do so.
On the other hand, the Defendants contracted the construction of an urban residential housing (hereinafter “instant housing”) on the instant land to the S&C Construction Co., Ltd.
The Plaintiffs entered into a sales contract with the Defendants for each subparagraph of the instant housing unit (hereinafter referred to as the “sale contract”) as listed below. The Plaintiffs entered into the sales contract for each subparagraph of the instant housing unit (hereinafter referred to as the “sale contract for each of the instant housing unit”).
On July 23, 2012, Defendant F, Plaintiff F, Plaintiff F, Plaintiff F, 1, 202, 203, 302, 27 billion won, and Defendant F, Nonparty F, Plaintiff B, Plaintiff B, 1, 305, 306, 13,8 million won on June 12, 2012, KRW 37,80 million on June 20, 2012, Defendant E-2, Plaintiff C2, and KRW 8,138 million on June 20, 2012, the main contents of each of the instant sales contracts are as follows.
Article 1 [Sales Price and Payment Method] The Account Number Deposit Bank No. 3355-017-3489-33 The Korea Trust Bank Co., Ltd.
3. A bank shall deposit without passbooks at the following financial institutions’ deposit accounts (referring to sellers; hereinafter the same shall apply) by stating their names and the number of deposits in the same way:
In addition, even if the sales contract was issued, if the down payment is not paid in full, this contract shall be null and void and the pre-delivery contract shall be returned.
Article 5 (Cancellation of Contracts)
1. “A” and “B” (referring to an E&C comprehensive construction company; hereinafter the same shall apply) mean that “B (referring to a purchaser; hereinafter the same shall apply)” have committed an act falling under any of the following: