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(영문) 서울중앙지방법원 2019.07.25 2018가합564965

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Around September 2014, C entered into a fund management agency contract with the Defendant, a Si Corporation, and D, a corporation, with respect to the business of creating and selling 14 electric housing units in the name of “F” (hereinafter “instant implementation business”), in which C entered into a fund management agency contract with the Defendant managing the sales price, etc. related to the instant implementation business (hereinafter “instant fund management contract”).

B. On May 26, 2015, the Plaintiff entered into a housing sale contract and paid a part of the sale price. 1) The Plaintiff between C and G Co., Ltd., a seller, and C Co., Ltd., a Si Co., Ltd., and from C, Type H among F-owned housing listed in the foregoing paragraph (a) (hereinafter “instant housing”).

(2) The sales contract shall be executed in the amount of KRW 568,10,000, and the down payment shall be KRW 30,000,000 until May 26, 2015, the first intermediate payment shall be KRW 140,43,000 until June 2, 2015, the second intermediate payment shall be KRW 227,24,00 until September 10, 2015, the remainder shall be KRW 179,43,00 until the date of designation of occupancy shall be the sales contract in the name of the Defendant (hereinafter “instant sales contract”).

(2) The sales contract of this case was concluded. (2) The sales contract of this case had the Defendant pay the sales price to the management account (Korean bank I) under the name of the Defendant (Article 1(1) and (2). The amount that is not deposited in the management account of the sales price is null and void, and the Defendant is the company acting on behalf of the Defendant to manage the funds of the execution project of this case.

(3) Pursuant to the instant sales contract, the Plaintiff paid the sales price of KRW 3,00,00,000, out of the down payment on May 26, 2015, to the account under the name of the Defendant (National Bank J) notified in advance, and the remainder of the down payment of KRW 27,00,000 on the same day, and the first installment payment of KRW 140,43,000 on June 2, 2015, to the account under the name of each Defendant (National Bank I) for the management of the sales price in the name of each Defendant. (c) On September 1, 2015, C paid the second installment payment under the instant sales contract.