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(영문) 부산지방법원 2018.08.09 2017가단321582

부당이득금

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is KRW 10,000,000,000 against the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. At around October 2015, the Defendant’s introduction of the sales agency, etc. with the name of “D”, C, a Plaintiff’s partner, sold six stores, such as G, H, I, J, K, and L, of the Gangseo-gu Busan F building (hereinafter “instant building”) sold in lots by “E” (hereinafter “E”). At the time, MA, K, and L had already concluded a sales contract with “E.”

B. M expressed his/her intent to cancel the sales contract for G if it is possible to receive a refund of KRW 70 million already paid from E, and the Defendant deposited KRW 70 million in E on March 17, 2016, and E paid KRW 67,792,50 as refund for termination to M on the same day.

C. In addition, N expressed the Plaintiff’s intent to cancel the sales contract upon receipt of the premium of KRW 50 million from the Plaintiff, and the Defendant paid KRW 20 million to N by neglecting the Defendant’s money of KRW 30 million from the Plaintiff. As to KRW 20 million paid by the Defendant, N received the loan amount of KRW 20 million from C on January 19, 2016 and the due date of payment from January 29, 2016, and received the loan certificate of KRW 20 million from C on January 29, 2016.

On the other hand, on March 10, 2016, the Plaintiff concluded a contract for the sale of all six stores, including E and the instant building G, H, I, J, K, K, L, etc., with the total sale price of KRW 1.820,000,00 (1.220,000,000,000). Since then, the part of the said contract for sale in lots concerning G, H, etc., was rescinded by agreement with E, and on July 8, 2016, the registration of ownership transfer for four stores, including the instant building I, J, K, K, and L, etc.

[Reasons for Recognition] Facts without dispute, Eul's entries in evidence Nos. 1, 3, 5, 6, 8 through 11 (including provisional numbers), witness N, M's testimony, the purport of the whole pleadings

2. Determination on the main claim

A. The plaintiff's assertion C is that the building of this case is sold in lots by the defendant's introduction, and the total amount of KRW 80 million is raised.