beta
(영문) 서울중앙지방법원 2019.06.13 2018나43899

부당이득반환

Text

1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

Reasons

1. Facts of recognition;

A. On August 20, 2014, D, represented by the Plaintiffs, purchased the Seongbuk-gu Seoul Building on the ground (hereinafter “instant building”) from the Defendant and E for KRW 1,900,000,000. The down payment of KRW 200,000,000 on the date of the contract, and the first intermediate payment of KRW 300,000,000 on August 30, 2014, the second intermediate payment of KRW 100,000 on September 20, 2014, the remainder of KRW 1,30,000 on December 20, 2014, to deliver the instant building on December 22, 2014.

(hereinafter “instant sales contract”). The terms and conditions of the said sales contract include the following:

Matters of special agreement

1. It shall be transferred comprehensively as it is for the operation of the present Institute.

2. The date of loans extended by a bank may be the remainder date even before the remainder date; and

3. Taxes and public charges shall be borne by the seller by December 30, 2014.

4. The lease deposit shall be deducted from any balance; and

B. By September 12, 2014, the Plaintiffs paid to the Defendant the sum of KRW 600,000,000 in down payment and intermediate payment, and paid KRW 831,650,000 out of the remainder on December 22, 2014, the Plaintiffs agreed to lease the five floors of the instant building to the Defendant at KRW 200,000,000, but also deducted the lease deposit from the remainder along with the existing lease deposit agreed to be deducted from the said special agreement.

C. The Plaintiffs and the Defendant, as of December 2014 at the time of the instant contract, drafted a report on the current status of rent for tenants (Evidence A2).

On December 22, 2014, the Defendant remitted KRW 9,893,760 to H, a lessee of G, and KRW 2,160,00 on December 28, 2014, KRW 2,710,000 on December 30, 2014, and KRW 5,680,000 on February 4, 2015, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 through 9 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The defendant's existing lease deposit of the building of this case that the plaintiffs agreed to accept is KRW 263,00,000 and the defendant's lessee.