beta
(영문) 수원지방법원성남지원 2017.05.02 2016가합1379

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 27, 2006, the Defendant lent KRW 1,300,000 to D Co., Ltd. (hereinafter “D”). On December 28, 2006, the Defendant completed the registration of the establishment of a mortgage on the Defendant’s name, the maximum debt amount of which is KRW 1,30,000,00 (hereinafter “F building”) with the right to be preserved as the right to be preserved. On December 28, 2006, the Defendant completed the registration of the establishment of a mortgage on the total amount of KRW 2,30,000,00 in the Defendant’s name with the maximum debt amount of KRW 1,30,000,000.

D On January 3, 2007, it made a promise to the Defendant to trade all the F building 2, 3, and 4 floors, and accordingly completed the provisional registration of the right to claim ownership transfer with the Defendant as a provisional registration holder.

B. On November 28, 2007, the Plaintiffs prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The said amount shall be the principal of the debt amounting to KRW 1,300,000 of the maximum debt amount set forth in the F building 301 and 401, and the said amount shall be determined as the buyer’s principal and shall be promised to repay the said amount to the Defendant by January 30, 2008, which is the buyer.” (hereinafter “instant confirmation”).

C. The Plaintiffs paid the Defendant a total of KRW 977,00,000 (= KRW 6,000,000 on September 23, 2008, KRW 2000 on September 23, 2008, KRW 910,000 on April 10, 2009).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The Plaintiffs asserted that the Defendant and D’s representative director G, and the former H’s statement were trusted, and that the provisional registration of the F building 2,3, and the fourth floor was transferred, the Plaintiffs repaid the Defendant’s obligation to the Defendant (i.e., the principal amount of KRW 850,000,000, KRW 127,000).

However, the actual amount of the Defendant’s claim against D is limited to KRW 500,000,000, and the Defendant transferred the provisional registration of the F building 3 and 4 floors on November 28, 2007 to the Plaintiffs, while the provisional registration was transferred to the Plaintiffs, the transfer cost of provisional registration was KRW 500,000,000.