부당이득금반환
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. On September 2017, the Defendant: (a) requested a licensed real estate agent C to sell KRW 320,180,000,000,000,000,000 (hereinafter “instant apartment”) to a real estate agent D apartment 108, and 2702 (hereinafter “instant apartment”).
B. C contact with the Plaintiff that had visited the instant apartment on September 6, 2017, and the said apartment became a subject matter. As such, C paid a sum of KRW 3 million to the seller, and said apartment was caused to be miscellaneous.
The plaintiff intended to purchase the apartment purchase right of this case with the purchase price presented by the defendant to C, and C notified the account number because there was a person who wants to purchase the apartment purchase under the conditions presented by the defendant to the defendant.
The plaintiff, who received the defendant's account number through C, deposited KRW 3 million in the defendant's account on the same day.
C. The Defendant stated to C that “I want to return and cancel the above apartment sales, 3 million won, as I wish to oppose the above apartment sales.”
From C, the Plaintiff told C that “In order to rap the said horses, the Plaintiff stated “two times” to C. D.
C The following day after September 7, 2017, the Defendant: “The buyer wants to return KRW 6 million to the Defendant, and thus, the buyer must return KRW 6 million to the Defendant.”
Accordingly, the defendant returned to C without returning 3 million won.
E. Since then, the Defendant asked C to whether the purchase price can be increased by one million won, and the Plaintiff agreed to increase the purchase price by one million won.
F. C recommended that the Defendant pay KRW 2 million in advance to the Plaintiff, who is uneasy about whether the purchase and sale of the apartment of this case is revoked.
On September 8, 2017, the Plaintiff deposited KRW 7 million into the Defendant’s account.
(g) In total, the sum of KRW 7 million and KRW 3 million paid on September 6, 2017 is collectively referred to as “the instant advance payment”). The Plaintiff is the same day.