beta
(영문) 수원지방법원 2016.12.01 2015가단66805

부당이득금반환

Text

1. The Defendants jointly do so to the Plaintiff KRW 30,000,000, and as to this,

A. Defendant B is from March 7, 2014 to January 14, 2016.

Reasons

1. Basic facts

A. D established Defendant C Co., Ltd. (hereinafter “Defendant Company”), E, F, and G to carry out construction and real estate sales projects.

around September 2010, G newly built a total of 63 households of H apartment units in Yeongdeungpo-gu, Young-gu, 2010, and 29 households of the above apartment units (hereinafter “instant unsold household”) were not sold until July 2013.

B. The aforesaid 29 households were registered in the name of D, Defendant Company, E, and F (hereinafter “Defendant Company, etc.”)

On July 23, 2013, I, Defendant Company, etc. entered into a sales agency contract for the unsold housing units in this case (hereinafter “instant sales agency contract”) and changed the name of K on December 9, 2013, J. 1, Defendant B, and Defendant B, a real operator.

(hereinafter “Defendant B, etc.”) performed the sale of goods.

C. On October 26, 2013, the Plaintiff entered into a contract with F Co., Ltd., the nominal owner of the said apartment (hereinafter “instant sales contract”) to purchase KRW 568,830,00, from among the unsold households in the instant case as a broker by Defendant B (hereinafter “instant apartment”) with the purchase price of KRW 568,830,00. The said purchase price was discounted from KRW 849,000,000, the first sale price.

Defendant B, Defendant Company, etc. agreed on December 13, 2013 regarding the settlement of the instant sales agency contract as follows.

(hereinafter “instant agreement”). The Defendant Company, E, F, and LD were personal companies operated by the Defendant Company, E, F, and Company, and were mistakenly indicated as the Company.

(hereinafter “Defendant Company, etc.”) and I entered into an agreement on H sale projects for the collective purchase of H remaining households (29 households) owned by the Defendant Company, etc. on July 23, 2013.

I In order to implement the instant sales agency contract, J. B. I.D.