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(영문) 서울중앙지방법원 2019.07.09 2018가단5195015

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 8, 2014, the Plaintiff entered into a contract for stock sale and transfer of business rights (hereinafter “instant transfer contract”) with C (hereinafter “C”) under the name “C” and “D department stores with respect to business rights and stocks held by C” and transferred to the Plaintiff after receiving KRW 2 billion of transfer proceeds.

B. On July 24, 2014, the Defendant issued a public notice of the sale of the instant property to the first priority beneficiary (hereinafter “instant right”) with the Defendant’s “PF bonds and the first priority beneficiary” (hereinafter “instant property”). Accordingly, on August 4, 2014, the Plaintiff submitted a letter of intent to participate in the bidding on the instant property. (c) On August 25, 2014, the Plaintiff sent the bid deposit amount of KRW 2 billion to the Defendant’s account for payment of the bid deposit; (d) on August 26, 2014, the Plaintiff was selected as a successful bidder of KRW 38.1 billion; and (e) the Plaintiff did not pay the remainder of the bid deposit amount of KRW 1.48 billion to the Plaintiff by 1.4 billion upon termination of the contract on the instant property sales contract (hereinafter “instant property sales contract”); and (e) the Plaintiff did not pay the remainder of the bid deposit of KRW 1.481 billion by 1.48 billion,000,00 won.

[Reasons for Recognition]