부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 4, 2012, the Plaintiff, C, and D Co., Ltd. (hereinafter “each of the instant lands”) and C, the Plaintiff and C, on April 4, 2012, shall be the land owned by the Plaintiff, Pocheon-si E
A) Sales amount is KRW 1.5 billion, and the buyer is the Civil Works Corporation (hereinafter “instant Civil Works Corporation”) on each land of this case.
A) The sales contract to divide and sell a housing site after completion of the development of the housing site and pay the purchase price (hereinafter “instant first sales contract”) is deemed to be a sales contract.
(2) After the instant sales contract, the Plaintiff, C and D concluded a sales contract with respect to each of the instant land on August 17, 2013 (hereinafter “instant sales contract”). However, KRW 100 million was paid at the time of the contract, KRW 80 million was paid at the time of the contract, KRW 40 million was acquired by D, and the remainder KRW 1.4 billion was to be paid at October 17, 2013 (hereinafter “instant second sales contract”).
3) After the instant sales contract was rescinded, and the Plaintiff disposed of part of each of the instant lands. Meanwhile, from April 4, 2012 to June 12, 2013, the date prior to the conclusion of the instant secondary sales contract, the Plaintiff wired KRW 515,00,000 in total to C, etc. from June 12, 2013. After the instant secondary sales contract was concluded, the Plaintiff delivered KRW 50,000,000 to C as a check on August 22, 2013, which was after the instant secondary sales contract was concluded, and remitted KRW 10,000,000 to F’s account on October 15, 2014.
B. The Defendant’s first collection claim against the Plaintiff 1) based on the executory exemplification of the Seoul Central District Court Decision 2013Da52370 decided March 10, 2015, the Defendant issued a seizure and collection order (hereinafter “the first seizure and collection order of this case”) with respect to the amount until C reaches KRW 212,964,557 out of the claims, such as the cost of civil engineering works of this case, which C had against the Plaintiff as the Seoul Central District Court 2013Gahap52370 decided March 10, 2015.
(2) On March 12, 2015, the original copy of the decision was served on the Plaintiff. 2) Afterward, the Defendant was served on the Plaintiff.