부당이득금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Facts of recognition;
A. The Defendants conspired with E and Defendant D did not have the authority to sell G reconstruction shops (hereinafter “G shopping districts”) to be newly built in Songpa-gu Seoul. Notwithstanding the fact that Defendant C had been well aware of the fact, they deceiving the Plaintiffs regarding the right to sell the buildings, etc., and, on April 6, 2007, E decided to pre-sale the commercial buildings on the first floor (A) 57 (hereinafter “instant commercial buildings”) out of G shopping districts (hereinafter “instant commercial buildings”) between the Plaintiffs and the Plaintiffs on April 6, 2007 (hereinafter “E”), and received KRW 468,00,000 from the Plaintiffs as the pre-sale deposit.
B. The Defendants are above A.
The conviction of fraud against the Defendants was finalized on the grounds of the facts constituting the fraud described in the port (U.S. District Court 201Gohap54,355 (combined), Seoul High Court 2012No2302, Supreme Court 2014Do289), and E also the conviction of fraud was finalized on the grounds of the aforementioned facts constituting the fraud (U.S. District Court 201Gohap676, Seoul High Court 201No2303), and the Defendants and E
The first instance court found guilty of the fraudulent criminal facts stated in the paragraph.
[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply), significant facts in this court, the purport of the whole pleadings
2. Judgment on the main claim
A. According to the above facts, the Defendants did not properly explain the right to sell the land in spite of the absence of the authority to sell the land in question, and received money from the Plaintiffs as the down payment of the pre-sale price constitutes a joint tort by deception. Thus, barring any special circumstance, the Defendants jointly share the damages suffered by the Plaintiffs due to the above tort, and the down payment of the pre-sale price of KRW 468,00,000, which was issued by the Plaintiffs, as the date of the tort. < Amended by Act No. 8370, Apr. 6, 2007>