부당이득금
The plaintiff's claim against the above defendant is dismissed.
Preliminary Defendants are jointly and severally liable to the Plaintiff in KRW 58,052,514.
1. Facts of recognition;
A. On September 22, 2004, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the conjunctive Defendant E on the “1/2 share of 1/187 square meters in Busan Gangseo-gu G G, Busan, and 64,423 square meters in H forests and fields” (hereinafter “real estate”). Defendant E paid KRW 200,000,000 to the Plaintiff on the same day.
Meanwhile, Article 2 of the contract of the instant sales contract provides, “When the seller has terminated the contract, he/she shall compensate the buyer for the amount double the down payment and the buyer has terminated the contract, the down payment shall be null and void and shall not claim the return of the down payment.”
B. On October 11, 2004, in order to secure the return of the down payment to Preliminary Defendant E, the Plaintiff completed the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with the registration of the Busan District Court’s branch branch office, which is the primary Defendant E, and the registration of the establishment of a collateral security (hereinafter “instant collateral security”) with No. 19797, Oct. 11, 2004 as of October 11, 2004.
(c)
On the other hand, the main defendant filed a lawsuit against the conjunctive Defendants for the payment of the Busan District Court Decision 2007 Ghana 423391, and the above court decided to recommend performance that "The conjunctive Defendants jointly and severally pay 13,103,398 won and 12,954,334 won per annum from July 25, 1997 to the date of complete payment."
In addition, the primary defendant applied for the attachment and collection order of the claim against the conjunctive defendant E based on the above execution recommendation against the conjunctive defendant E, and received the attachment order of the claim against the 23724, with the Seoul Central District Court 2009 on August 17, 2009. The attachment registration related to the real estate of this case (the Busan District Court Seo Branch Office No. 21875 on September 8, 2009 and the Busan District Court No. 21875).