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(영문) 서울중앙지방법원 2011.11.15 2010가합36624

부당이득금

Text

1. As to the Intervenor succeeding to the Plaintiff:

A. Defendant D shall pay the full amount of KRW 117,769,220 as well as the full amount thereof from October 6, 201.

Reasons

1. Facts of recognition;

A. On August 11, 2009, the Plaintiff purchased F apartment 1001 Dong 1003 (hereinafter “instant apartment”) from the E branch, and tried to repay a loan to the national bank borrowed from the E branch, in order to provide the sale price with the lease deposit, the Plaintiff leased the said apartment and received (hereinafter “instant loan”).

B. On September 7, 2009, the Plaintiff’s succeeding intervenor who represented the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with respect to G and the instant apartment as of October 30, 201 with a deposit of KRW 220 million and the contract period from October 31, 2009 to October 30, 201, and agreed to pay the remainder of KRW 22 million from G on the day when the lease agreement was concluded, and the remainder of KRW 198 million was paid on October 31, 2009, and the national bank loans were paid in full as the deposit money.

C. The Plaintiff, the lessor of the instant lease agreement, was a licensed real estate agent, who was operating H real estate, and Defendant C was working as Defendant C’s real estate intermediary.

Plaintiff

The succeeding intervenor, on the day of the lease agreement, prepared a power of delegation to Defendant D to delegate all the authority to receive the remainder other than the down payment out of the deposit for the lease deposit to the instant apartment to the Plaintiff or the Plaintiff’s succeeding intervenor who could not directly receive the instant apartment from G, and Defendant D decided to repay the instant loan to Defendant D with the said money on behalf of the Plaintiff.

On October 30, 2009, Defendant D received the remainder of the lease deposit amount of KRW 198 million from G on behalf of the Plaintiff, and on the same day, Defendant D received KRW 5,406,000 from the Plaintiff.

E. However, Defendant D did not repay the instant loan to the remainder of the lease deposit received from G as above, but purchased by himself.