beta
(영문) 서울고등법원 2018.05.18 2018나2010249

부당이득금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 27, 2014, the Defendant: (a) sold the 74,600 square meters of D Forest land (around 22,600 square meters; hereinafter “instant forest”) owned by the Defendant to C in KRW 5 billion; (b) agreed that KRW 300 million for the first intermediate payment of KRW 1.7 billion on the date of the contract; and (c) the second intermediate payment of KRW 1 billion on July 25, 2014; and (d) the second intermediate payment of KRW 1 billion on September 26, 2014; and (e) the remainder of KRW 2 billion on December 19, 2014, respectively.

(hereinafter “instant sales contract”). B.

C From April 1, 2014 to May 10, 2014, during the period from May 10, 2014, the Plaintiff recommended the Plaintiff to make the purchase of the instant forest land to E. The purchase of approximately KRW 1,500 out of approximately 22,600 of the forest land of this case and KRW 1,500, the author would sell the price as it is as agreed upon in the course of the purchase of the forest of this case. The author recommended the Plaintiff to the effect that “The permission for the development project comes out within 2-3 months upon the request of the Plaintiff.”

C. Accordingly, the Plaintiff entered into a contract with C to purchase KRW 1,500 out of the forest land of this case with C, and transferred KRW 300 million out of the sale price to C on May 27, 2014, to the new bank account under the name of the Defendant, as the down payment under the instant sales contract.

However, on July 25, 2014, C expressed that the Defendant was not paid the intermediate payment of KRW 1.7 billion and that the Defendant cannot pay the intermediate payment and the remainder thereafter.

Accordingly, the defendant deemed that C had cancelled the instant sales contract, and confiscated 300 million won of the down payment received from C.

E. After that, on July 7, 2016, C was indicted as Seoul Central District Court 2016Da4292 on the grounds of the fact that C, even though it did not intend or have an ability to purchase the instant forest, by deceiving the Plaintiff et al., thereby deceiving the proceeds of sale.

On December 14, 2016, the Seoul Central District Court sentenced C to three years of imprisonment with prison labor by recognizing C as guilty of all the facts charged.

The appeal (Seoul Central District Court 2016No5360) and appeal (Supreme Court 2017Do8250) against the above judgment are all dismissed, and the above judgment is July 17, 2017.