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(영문) 서울남부지방법원 2016.12.09 2014가합114849

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The facts below the basic facts are either in dispute between the parties or in part of evidence Nos. 1, 2, and 2-2, 3-1 to 5, 4-1, 2, 3, and 10-1, 2, 1, 5, 6, 7, and 10-1, 2, 1, 5, 5, 5, 6, 7, and 10 of the evidence No. 1-2, 3-4, and 10 of the witness D's testimony. A.

Attached Form

[Attachment 1] Real Estate listed in Paragraph 1 of the Inventory No. 1 (hereinafter “Real Estate No. 1 of this case”) owned by Defendant C.

(2) The Defendant B, on behalf of the Plaintiff, delegated all of the powers regarding the conclusion and execution of the sales contract for the instant real estate No. 1 to Defendant B, who arranged the conclusion of the contract, and Defendant B, on November 18, 2008, entrusted the purchase price to Defendant C with the Plaintiff at KRW 175 million (hereinafter “the initial sales contract”).

When concluding a sales contract (However, the sales amount under the sales contract is KRW 195 million).

(2) Of the purchase price, KRW 119 million is the obligation to refund the lease deposit for the instant real estate No. 1 (hereinafter “the obligation to refund the lease deposit of this case”).

2) The loan obligations (hereinafter “instant loan obligations”) are the secured debt of the right to collateral security established on the real estate of this case and KRW 20 million (hereinafter “instant loan obligations”).

(2) As indicated in the following table, the Plaintiff paid KRW 56 million to Defendant B, who is his agent, and the remainder of KRW 56 million (i.e., KRW 175 million - KRW 20 million - KRW 99 million). The interest on the instant loan obligations after the date of the intermediate payment ( December 30, 2008) was determined to be borne by the Plaintiff, who is the buyer. (ii) As indicated in the following table, the Plaintiff paid KRW 585 million in total, as between October 2, 2008 and April 30, 2009, to Defendant B, who is the Plaintiff’s agent, as indicated in the following table:

On October 2, 2008, KRW 8 million 200,000,000 on the date of order 1, 2008 3 million on October 6, 2008. < Amended by Presidential Decree No. 21003, Oct. 3, 2008>