부당이득금
1. The Defendant shall pay to the Plaintiff KRW 52,211,50 and the interest rate of KRW 15% per annum from January 20, 2017 to the day of complete payment.
1. Facts of recognition;
A. On August 30, 2016, the Plaintiff and C entered into a sales contract with D’s Gangseo-gu Seoul E, Gangseo-gu, Seoul, to purchase KRW 172.4 square meters of land and its ground buildings in KRW 950 million, and concluded a sales contract with F(D’s spouse) to purchase KRW 176.6 square meters of land and its ground buildings in KRW 1.6 billion from F(D’s spouse) on the same day.
(hereinafter referred to as “each of the instant sales contracts” is referred to as “each of the instant sales contracts in total.”
At the time of each of the instant sales contracts, the Plaintiff and C, namely, the buyer’s broker, and D and F, the seller’s broker was the Defendant.
C. On November 29, 2016, the remaining payment date of each of the instant sales contracts, the Plaintiff heard from the Defendant that “F and D request F to pay in cash the remainder amounting to KRW 60 million out of the total sum of KRW 1.366 million under each of the instant sales contracts,” and the Plaintiff paid the Defendant the balance amounting to KRW 60 million on the outstanding payment date.
However, F and D do not delegate the right to receive the balance to the Defendant.
E. Meanwhile, on November 29, 2016, the Plaintiff and C paid to F and D the remainder of each of the instant sales contract KRW 1.366 billion.
F. On December 15, 2016, the Defendant returned KRW 7,788,500 to the Plaintiff out of KRW 60 million received from the Plaintiff.
[Reasons for Recognition] Each entry and whole purport of pleadings A1 through 6
2. According to the above facts, although the defendant did not have the authority to receive the balance of each of the sales contracts of this case and was not delegated by the seller, it shall be deemed that he received KRW 60 million from the plaintiff as the balance of each of the sales contracts of this case. Thus, since the defendant received the profit of KRW 60 million from the plaintiff without any legal cause, the defendant is obligated to return it to the plaintiff.
Therefore, the Defendant calculated by subtracting the amount of KRW 7,788,500 from the said KRW 60 million, from the amount of KRW 52,211,50.