부당이득금
1. The part of the creditor subrogation claim among the plaintiff's primary claims shall be dismissed.
2. The plaintiff's remaining primary claims and the plaintiff's main claims.
1. Basic facts (applicable for recognition: Fact that there is no dispute, entries in Gap evidence 1 and 2 (including each number), the purport of the whole pleadings);
A. On March 26, 2004, the Defendants entered into a contract with the Dispute Resolution Co., Ltd. to purchase the land for the land of 3019 square meters and its ground buildings (hereinafter “each of the instant real estate”) with the price of 2.6 billion won, and completed the registration of ownership transfer as to each of the instant real estate on May 12, 2004.
B. On August 4, 2009, the Defendants concluded a contract to sell each of the instant real estate in the price of 16 billion won with the LAF (hereinafter “Nonindicted Company”) and completed the registration of ownership transfer with respect to each of the instant real estate in the future of the Nonparty Company on August 11, 2009.
C. Around May 2009, Nonparty Company paid KRW 4.8 billion to Defendant B’s deposit account in the name of Defendant B as a provisional contract deposit, and Defendant B transferred KRW 1.76 billion, which is part of the contract, to Defendant C’s deposit account in the name of Defendant C, which the Plaintiff managed.
On June 1, 2009, Defendant C drafted the following agreements with the Plaintiff:
A deposit account (G bank and H) opened by Defendant C may be traded only with the consent of the Plaintiff, and the Defendant C may not re-issuance or change the seal of the head of the Tong with respect to the opened deposit account, and may not dispose of the deposit (such as withdrawal, termination, etc.). However, it is permitted only to the Plaintiff who presented the head of the Tong and the reporter’s seal.
The defendant C agrees that the foregoing content shall be inserted into and managed by the depository bank with a warning clause.
2. Judgment on the main claim
A. The Plaintiff’s assertion ① agreed to jointly purchase and resell each of the instant real estate with Defendant B, and then divide the profits therefrom into 1/2.
Therefore, based on the above agreement, the Plaintiff’s KRW 1,016,277,067 = Nonparty B, which corresponds to 1/2 of the proceeds from resale of each real estate of this case.