부당이득금
1. Defendant (Counterclaim Plaintiff) B is jointly and severally with Defendant C to the Plaintiff (Counterclaim Defendant) for KRW 30 million and its amount on September 2, 2017.
1. Facts of recognition;
A. On July 6, 2015, the Plaintiff was delegated by F, the contractor of the building located D and E, who was delegated with the authority to sell, sell, or sell the said building.
B. On October 15, 2015, the Plaintiff entered into a sales contract (hereinafter “the instant first contract”) with Defendant B as to the sales contract (hereinafter “the instant first contract”) with Defendant B, although the object of the sales contract was stated as 105 Dong 1, the sales contract on October 15, 2015, and finally, on October 15, 2015, the Plaintiff entered into a sales contract (hereinafter “the instant first contract”) with the Plaintiff as to the instant building. The main content is as follows.
The loan of KRW 33 million (payment on October 5, 2015), the intermediate payment of KRW 10 million (payment on November 10, 2015), the balance of KRW 392 million (payment on January 20, 2016), and the balance of KRW 300 million (payment on January 20, 2016 appears to be a clerical error as of January 20, 2016) of the payment bank payment bank payment bank No. 30 million (payment on January 20, 2016), the agricultural bank, G account number, and deposit note A (H building special agreement) shall be succeeded to 300 million.
C. The instant building was registered in the name of F on June 18, 2015 under the name of F, and the registration of ownership transfer was completed on July 9, 2015 under the name of the International Asset Trust Co., Ltd.
On the other hand, on July 9, 2015, I concluded a real estate collateral trust contract on the instant building with the International Asset Trust Co., Ltd. in order to guarantee the performance of the I's first priority beneficiary to the Han-dong Saemaeul Community Fund.
E. On October 5, 2015, Defendant B paid a down payment of KRW 33 million to the Plaintiff. On November 13, 2015, the Plaintiff and Defendant B prepared a written confirmation of the remainder of the sale price as follows (hereinafter “instant confirmation”), and Defendant C jointly and severally guaranteed this.
The purchase of H building 105 Dong 1, 105 shall be paid on January 20, 2016, the remainder of which remains after the preliminary registration.
Defendant B guarantor C
F. On April 1, 2016, the instant building.