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(영문) 서울북부지방법원 2018.12.12 2018나32591

계약금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Plaintiff’s assertion

On February 10, 2015, the Plaintiff decided to purchase 500 square meters (hereinafter “instant real estate”) from the Defendant from the Gangwon-do Crossing-gun C land, and paid 20,000,000 won as down payment to the Defendant.

On April 17, 2016, the defendant notified that he/she did not intend to sell the above real estate and the contract deposit was returned.

Therefore, the defendant is obliged to pay the interest accrued from February 10, 2015 to the return of the above sales contract amount of KRW 20,000,000 and the interest accrued therefrom.

Even if it is not so, the plaintiff remitted KRW 20,000,000 to the account under the name of the defendant, so the defendant is obligated to return the amount of KRW 20,000,000 and interest accrued without any legal ground to the unjust enrichment.

According to the statement No. 5, the plaintiff transferred KRW 20,000,000 to the Agricultural Cooperative Account in the name of the defendant on February 17, 2015.

However, the following circumstances revealed from the purport of evidence Nos. 2 and 3 (recording file) and the entire pleadings, namely, ① the Plaintiff transferred the above KRW 20,000,000 to the above account designated by D under the agreement with D, the former husband of the Defendant, and at that time, did not notify the Defendant of the fact that he remitted the above money. ② The Defendant aggravated the relationship between D and D after having become aware of the fact that D received the said money from the Plaintiff, ② The Defendant aggravated the relationship between D and the husband, and ③ the Defendant did not prepare a sales contract regarding the instant real estate between the Plaintiff and the Plaintiff, the testimony of the witness D of this court, which corresponds to the Plaintiff’s argument, is difficult to believe, and the evidence submitted by the Plaintiff alone, is insufficient to acknowledge the fact that the Plaintiff concluded a sales contract on the instant real estate with the Defendant, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

On February 17, 2015, the Plaintiff transferred KRW 20,000,00 to the Agricultural Cooperative Account under the name of the Defendant.