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(영문) 서울동부지방법원 2016.03.16 2014가단106237 (1)

부당이득금

Text

1. The Defendant: KRW 12,500,00 for Plaintiff E, and KRW 7,50,000 for Plaintiff F, respectively, and KRW 5,00,00 for Plaintiff A, H, C, and D.

Reasons

1. Facts of recognition;

A. The Plaintiffs filed a lawsuit against I for damages claim against I, Seoul Central District Court 2012Gahap16839, and on December 13, 2013, the court rendered a judgment that “Defendant I shall pay to Plaintiff E KRW 12,500,000, KRW 7500,000 to Plaintiff F, and KRW 5,000,000 to Plaintiff A, H, C, and D respectively, and the amount of KRW 5,00,00 per annum from June 22, 2012 to December 13, 2013, and KRW 20% per annum from the following day to the date of full payment.” The above judgment became final and conclusive on July 8, 2015.

(hereinafter “the final judgment of this case”). (b)

On the other hand, on November 20, 2010, I remitted the amount of KRW 10 million to the Defendant, who had no particular income as his mother-child and the family owner, and entered into a sales contract with the Defendant to purchase the instant real estate from J, the owner of the real estate listed in the attached list on the same day (hereinafter “instant real estate”) (the total amount of the sale is KRW 295,000,000, and the buyer agreed to succeed to KRW 150,000,000 among them) as the down payment instead of the payment of KRW 150,000,000,000 as the down payment.

J did not know at the time that I would not be the defendant that I would be responsible for the purchase price.

C. On November 22, 2010, I remitted KRW 20 million to the Defendant, and the Defendant paid KRW 20 million to J on the same day as an intermediate payment under the above sales contract.

In addition, from December 3, 2010 to December 9, 2010, I remitted a total of KRW 118 million to the Defendant over 22 occasions. The Defendant deposited KRW 97 million out of that on December 10, 2010 as a check and paid the balance of the above sales contract as the check.

(The Defendant asserted to the effect that, in the preparatory brief dated July 22, 2015, the Plaintiff returned KRW 150,000,000,000 as above, the lease deposit 19,000,000, which was leased by K Apartment 203, 1603, 1603, which was leased by I after about one year from the date of the conclusion of the above sales contract, and returned the succeeded deposit (as above, 150,000,000 won).