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(영문) 서울중앙지방법원 2018.02.14 2017가합538563
부당이득금
Text

1. The plaintiffs' respective claims against the defendants are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Defendant C is a private school corporation with the objective of establishing, maintaining, and managing the FF High School and G High School located in Ansan-gu, Ansan-si, and Defendant D is the chief director of Defendant C of this case.

B. Around 2009, the Plaintiffs introduced themselves as a foundation director who supervises Defendant C’s school relocation and site development projects, along with Nonparty H, to proceed with the relocation of the school site owned by Defendant C and the new construction project of multi-family housing.

C. Meanwhile, around early 2005, H received KRW 1.5 billion from Non-Party I to Non-Party C’s actual representative of J Co. (hereinafter “J”) without having been delegated the authority of Defendant C with respect to the sale and transfer of the site for the FF High School and G high school, and returned KRW 500 million to Non-Party K, a real representative of J Co., Ltd. (hereinafter “J”) by: (a) “If a site for FF High School, etc. in its operation is purchased and apartment is located therein; (b) it may obtain permission to change the use of the site for the school; and (c) it is possible to obtain the permission to change the use of the site for the school; and (d) it was issued to Non-Party C

The J filed a complaint with H and I on September 2009 for fraud, fabrication, and uttering of private documents to the Seoul Central District Prosecutors' Office. On the other hand, as Seoul Central District Court Decision 2008Gahap93075, the Defendant C filed a suit for the claim for the return of the purchase price (hereinafter referred to as "related civil lawsuit") seeking the payment of KRW 1 billion which was not returned out of the above KRW 1.5 billion, as Seoul Central District Court Decision 2008Gahap93075.

The Plaintiffs agreed with H and J (hereinafter “instant agreement”) around March 2010, when the relevant civil lawsuit was pending, as follows:

A: HA: Plaintiff A: Plaintiff B, B, C, and C shall agree with respect to the transfer of the site of the school owned by Defendant C and the new construction project of multi-family housing:

1. The agreement shall include the recovery of the outstanding amount of KRW 500 million invested by A on July 27, 2005 to C and KRW 1 billion out of KRW 1.5 billion invested on October 20 of the same year.

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