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(영문) 서울서부지방법원 2015.02.06 2013가단21324
부당이득금반환
Text

1. Defendant B’s KRW 60,000,000 and interest rate of KRW 20% per annum from June 11, 2013 to the date of full payment.

Reasons

1. Facts of recognition;

A. On April 7, 2003, the Plaintiff entered into a pre-sale agreement with D Co., Ltd. (hereinafter the non-party company) on the subparagraph 117 of the first floor of E commercial building as a broker of Defendant B, and paid KRW 60,025,00 as down payment to the non-party company, and separately paid KRW 88,00,000 as the sales cost to Defendant B.

B. On July 16, 2004, the Plaintiff concluded an agreement to cancel the sales contract with the non-party company and the non-party F, and paid 120,000,000 won in total (8,000,000 won in total) by paying 32,00,000 won to the non-party company as the sales contract deposit.

C. However, the progress of the construction was suspended due to criminal facts, such as embezzlement of the sales contract amount received by the representative director of the non-party company from the seller. On January 4, 2010, the non-party company was notified by the Korea Railroad Corporation of the cancellation of the business owner's authority and the cancellation of the business promotion agreement, and the construction of E commercial buildings was no longer progress. On October 26, 201, the Seoul Central District Court was declared bankrupt.

On the other hand, on February 10, 2010, Defendant B agreed to return KRW 1,944,00,000, which is part of the sales work cost received by 17 buyers including the Plaintiff, by December 31, 2010.

E. By August 31, 2010, Defendant B returned KRW 60,000,000 to the Plaintiff out of the sales cost paid by the Plaintiff pursuant to the said agreement.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, 5, 6, 7, 8 (the same as Eul's 5), 17 evidence, Eul's 1, and the whole purport of oral argument

2. Determination as to the defendants' main defense

A. Defendant B, at the time when the Plaintiff entered into the above return agreement on February 10, 2010, sells the sales contract to the above Defendant.

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