부당이득금
1. Defendant B’s KRW 50,000,000 as well as the annual rate of KRW 5% from January 20, 2018 to November 29, 2018, and the following.
1. Facts of recognition;
A. The Plaintiff and D engaged in real estate development projects related to the creation of a housing complex for electric power supply.
B. On June 9, 2011, D and Defendant B purchased the instant real estate in KRW 57,873 square meters (hereinafter “instant real estate”) of the purchase price of KRW 600 million (the contractual amount of KRW 60 million and the remainder of KRW 540 million), and entered into a sales contract with Defendant B to receive bank loans within one month after obtaining authorization necessary for the instant real estate development project (hereinafter “instant sales contract”). The remainder paid the down payment of KRW 60 million to Defendant B.
C. On April 2, 2012, the Plaintiff acquired the status of purchaser of the instant sales contract from D.
On April 12, 2012, the Plaintiff paid KRW 50 million to Defendant C the remainder of the instant sales contract.
E. Around June 4, 2013, Defendant B notified the Plaintiff that the application for authorization and permission necessary for the instant real estate development project was returned, and that the Plaintiff would not pay any balance.
F. Accordingly, the Plaintiff filed a lawsuit against Defendant B seeking the implementation of the procedure for the registration of ownership transfer of the instant real estate on the ground of the instant sales contract. However, on January 8, 2014, Jinwon District Court rendered the obligation to pay the remainder of the instant sales contract, and rendered a judgment dismissing the Plaintiff’s claim by deeming that the instant sales contract was rescinded upon the notification of the said Defendant’s rescission (2013da7505) (the judgment dismissing the Plaintiff’s appeal (the Changwon District Court 2014Na1700) and the final appeal (Supreme Court 2015Da14518) became final and conclusive as is.
G. Meanwhile, on June 14, 2013, the Plaintiff filed a provisional disposition prohibiting the disposal of the instant real estate with respect to Defendant B, and received a decision of acceptance from the Changwon District Court’s Jinju branch.
(2013Kadan1168) Defendant B filed an objection against the above decision, and the branch court of Changwon District Court was Jinwon District Court.