부당이득금 반환 청구의 소
1. The plaintiff's primary claim against the defendants and the conjunctive claim against the defendant C are dismissed, respectively.
2. Defendant.
1. Facts of recognition;
A. Around August 29, 2015, D forged a transfer agreement in the name of F that the president of E University shall receive 1 billion won as down payment from D and will transfer D educational foundations G to 5 billion won.
B. Around September 23, 2015, D, while showing the forged transfer/acquisition agreement with the Plaintiff, even though there is no intent or ability to transfer the right to operate G of the school foundation, D intended to transfer the right to operate G of the school foundation KRW 6.5 billion to the Plaintiff, and drafted a provisional contract for transfer/acquisition between the Plaintiff and the Plaintiff on September 24, 2015.
C. On September 24, 2015, the Plaintiff, at the request of D, remitted KRW 50 million to Defendant B’s account under the name of Defendant B, KRW 50 million to Defendant B’s account, and KRW 50 million to Defendant C’s account on September 25, 2015.
D and the Plaintiff drafted a written contract for transfer or takeover of the right to operate school juristic person H’s G management right to KRW 6.5 billion on September 30, 2015. The Plaintiff transferred the total amount of KRW 500 million to Defendant B’s account, which is the deposit account specified in the above contract, and KRW 400 million to Defendant C’s account, excluding KRW 600 million already paid out of KRW 1.5 billion as the down payment specified in the above contract.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 8 (including each number), the purport of the whole pleadings
2. The plaintiff asserts that since the plaintiff acquired the right to claim the return of deposit against the amount remitted by the plaintiff although there is no legal ground, the defendants should jointly and severally return the amount remitted to the plaintiff as unjust enrichment.
Since the money transferred by the Plaintiff to the Defendants is subject to a school juristic person G management right transfer contract between the Plaintiff and D, it cannot be deemed that there is no legal ground, the Plaintiff’s primary claim against the Defendants is without merit.
3. Determination as to the conjunctive claim against the Defendants
A. Preliminary claim against the Defendant B