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(영문) 부산고등법원(창원) 2020.09.03 2019나12230

부당이득금

Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The defendant shall be jointly with the co-defendant C in the first instance trial.

Reasons

1. Facts of recognition;

A. On November 26, 2007, the Plaintiff entered into a service contract for the purchase of the instant real estate (hereinafter “instant service contract”) with the Defendant and the co-defendant C (hereinafter “C”) of the first instance trial on November 26, 2007 in the name of G in order to construct and sell the land, such as 18,383 square meters (the land category was changed to forest and field on June 3, 2013; hereinafter “instant real estate”) in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., a foreign clan (hereinafter “foreign clan”).

its key

① The content is that: (a) the Plaintiff delegated the purchase of land, including the instant real estate, to the Defendant and C; (b) the purchaser’s name is the Defendant and C; (c) the Plaintiff’s name is changed when the Plaintiff establishes a corporation; and (c) the Defendant and C compensates the Plaintiff for the enormous damages caused to the Plaintiff due to the Defendant’s waiver or impossibility of purchase during the purchase of land; (iv) the Plaintiff may not transfer or waive the land purchased without the Defendant and C, to a third party; and (v) the service cost is KRW 20 million at the time of the conclusion of the instant service contract, and KRW 100 million at the time of the completion of

B. On January 7, 2008, the defendant and C entered into a sales contract with the non-party clan and the real estate of this case as KRW 2.224 billion with the purchaser's name C, and "the first sales contract" with the purchaser's name.

The plaintiff received 300 million won down payment from the plaintiff and paid it to the non-party clan.

C. At the time of the conclusion of the first sale contract around May 2008, the non-party clan requested the return of KRW 300 million to the non-party clans by destroying the first sale contract, and the non-party clans returned KRW 300 million to C around May 2008, on the ground that the non-party clan did not comply with the agreement that the non-party clan would allow the owner to purchase the land to open access roads.

The defendant and C have received KRW 300 million from the non-party clan from the plaintiff.