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(영문) 서울중앙지방법원 2014.03.21 2013가단5067030

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 24, 2005, the Plaintiff concluded a sales contract (hereinafter “instant sales contract”) with a new bank account (Account Number 353-05-022370, hereinafter “Defendant K non-Real Estate Trust Co., Ltd.”) in the name of the bank account (hereinafter “Defendant K non-Real Estate Trust”) to deposit the sales price into the account (Account Number 353-05-22370, hereinafter “instant account”).

B. Meanwhile, according to Article 4 of the sales contract of this case, the non-party company transferred the claim for the sale price to the plaintiff and the claim incidental thereto to the defendant Han Han-gu Co., Ltd. (hereinafter "the defendant Han-gu Co., Ltd.") who is the contractor of the shopping mall of this case. The plaintiff confirmed the assignment of the claim and approved the conclusion of the above contract.

C. On June 29, 2005, the Plaintiff deposited KRW 79,500,000, which is a part of the sales price, into the account of this case.

The Plaintiff agreed to cancel the instant sales contract on January 15, 2013 with the representative director F of the Nonparty Company F.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 5 evidence, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff asserted that the plaintiff agreed to cancel the sales contract of this case with the representative director F of the non-party company F, so the defendants are jointly and severally liable to pay 79,50,000 won with unjust enrichment and delay damages from the day after the payment date to the day of full payment.

B. As seen earlier, the parties to the instant sales contract are only the Plaintiff and the Nonparty, and the Defendant Han Han-gu co-ownership claim against the Plaintiff of the non-party company as well as the sales price claim.