부당이득금
The plaintiff's appeal against the defendants is dismissed in entirety.
The total costs of litigation shall be borne individually by each party.
purport, purport, and.
1. Basic facts
A. The Plaintiff was liquidated in accordance with Article 520-2(4) of the Commercial Act on December 5, 2014, to a company established for real estate development, real estate leasing business, etc.
B. On August 8, 2007, the Plaintiff: (a) sold to E Co., Ltd. (hereinafter “E”) a sum of KRW 646 square meters (hereinafter “instant land”) of KRW 4 billion in terms of the estimated land division of the land in Yongsan-si I in Suwon-si area; and (b) concluded a sales contract for KRW 400 million in the intermediate payment of KRW 1.2 billion in the intermediate payment of KRW 600 million in two installments at the time of concluding the contract; and (c) on August 16, 2007 and August 30, 2007, the remainder shall be paid each at the time of land use (hereinafter “instant sales contract”).
C. The Plaintiff entered into this case’s sales contract in Sungnam-gu L, Sungnam-si, and the content of the sales contract was prepared by Defendant B. The above sales contract did not include the name of the broker, but did not include the confirmation and explanatory note, etc. of the object of brokerage.
On August 17, 2007, the Plaintiff paid KRW 34 million to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”)’s account, and KRW 66 million to Defendant D’s account, respectively.
E. Meanwhile, from August 31, 2007 to September 5, 2007, Chapter Three (O, P, and Q) of the N Bank's Japanese Won Check issued on August 31, 2007 at the Plaintiff's request was deposited into the financial account in the name of the Defendant D's wife from August 31, 2007 to September 5, 2007, and transferred KRW 29.5 million to Defendant D on September 5, 2007, and deposited KRW 30 million in the financial account of the S Bank operated by D's licensed real estate agent office. On September 31, 2007 and September 3, 2007, KRW 30 million was deposited to Defendant D on September 5, 2007.
F. However, the Plaintiff and the Plaintiff agreed to cancel the instant sales contract with the said company on October 8, 2010, where the payment of the balance under the instant sales contract is delayed.
[Ground of recognition] Unsatisfy, A No. 1.