부당이득금
1.The judgment of the first instance shall be modified as follows:
In accordance with the preliminary claims added at the trial, the Defendants are subject to the said preliminary claims.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) 1) Investment Agreement between D and E
) The Seodaemun-gu Seoul Western District Housing Association (hereinafter referred to as the “F apartment”) is an apartment of the F apartment.
) The apartment of the Seoul Mapo-gu District Housing Association (hereinafter referred to as “G apartment”) and the Seoul Mapo-gu District Housing Association
(2) D) on August 10, 2007, as the executor, invested 100 million won from E between E and E, an attorney-at-law belonging to H, a law firm H, and agreed to pay 100 million won equivalent to the principal of the investment by October 10, 2007, which is two months later, and 6 months later to February 10, 2008, respectively.
D as a security for the above investment funds of E, E has issued to E a contract in which the balance of F apartment 33 square-type 2, G 33 square-type 2, and G apartment-type 33 square-type 2, and if the payment of the investment principal is completed within the above two months, G apartment is to be recovered from E, and F apartment is to be recovered from E if the payment of 100 million won is completed within the above six months, and if each corresponding amount is not paid within each such period, E can dispose of the above apartment-type 33 square-type 2, at will.
Afterward, E added to D the aforementioned arrangement (hereinafter referred to as “instant investment agreement”) with additional investment of KRW 100 million on August 14, 2007, ② August 27, 2007, ③ September 4, 2007, respectively.
(However, in the case of an investment agreement made on September 4, 2007, D received a total of 400 million won from E four times in accordance with the investment agreement in this case. At the end, E has paid D the total amount of KRW 890,000,000 for 33 square-type 2 households of apartment units G (45,000 x 26,000,000 won for 33 square-type 2 households of F apartment units (33 square-type 28,000,000 won x 264,000 won x 2000,000 won).