부당이득금 반환
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.
1. The reasoning of this court’s acceptance of the judgment of the first instance is as stated in the reasoning of the judgment of the first instance except for any modification or addition as follows. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.Nos. 16 to 19 of the written judgment of the first instance court shall be amended into the following:
The Defendants deposited money into the account in the name of Defendant B, the spouse of Defendant C, with the fact that the Defendant C would pay brokerage fees for each of the instant real estate, and the Defendants voluntarily used the same instead of paying brokerage fees. Moreover, given that the real estate development agreement between the Plaintiff and the Defendants became null and void by the preparation of the performance note (Evidence A) and thus the Defendants’ rights pursuant to the said real estate development agreement have ceased to exist, there is no title to hold the said brokerage fees. Therefore, the Defendants are obligated to return the amount equivalent to the said brokerage fees to the Plaintiff as they were unjust enrichment from the Plaintiff without any legal ground. Accordingly, the Defendants are obligated to return the said amount to the Plaintiff.”
The following judgments shall be added to the part below of Part 8 of the judgment of the first instance.
Inasmuch as the Plaintiff and the Defendants seem to have existed as a kind of business relationship for the development of the said real estate, as alleged by the Plaintiff, a letter of performance was prepared, and even if the Defendants renounced their rights, it would be a matter to be resolved through the settlement of the union’s accounts, and it cannot be deemed that the said real estate development contract was retroactively invalidated or revoked as alleged by the Plaintiff.
3. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.