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(영문) 창원지방법원통영지원 2015.11.05 2014가합3074
부당이득금반환
Text

1. The Defendant’s KRW 120,000,000 as well as 5% per annum from June 13, 2003 to October 15, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 13, 2003, the Plaintiff entered into a sales contract with C on the sales price of KRW 200,000,000, and KRW 122,000,00,000, and June 13, 2013, with the sales price payment date fixed and sold to C prior to D 3,300,000, and KRW 122,00,000 (hereinafter “instant real estate”).

At the time of the instant sales contract, the Defendant appeared as the agent of C, but did not enter the Defendant as the agent of C in the sales contract.

B. After the conclusion of the instant sales contract, the Plaintiff issued to the Defendant a certificate of personal seal impression, etc. necessary for the registration of ownership transfer of the instant real estate, and the instant real estate was registered under C on June 16, 2003.

[Ground of recognition] No. 1, the result of the Plaintiff’s personal examination, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Even though the Defendant received a remittance of KRW 201,00,000 from C as the purchase price of the instant real estate on June 13, 2003, the Defendant did not pay KRW 120,000,000 to the Plaintiff out of that amount.

Therefore, the Defendant without any legal cause obtained benefits equivalent to KRW 120,000,000 and thereby inflicted damages on the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 120,000 as unjust enrichment return and the delay damages therefrom.

B. The Defendant entered into the instant sales contract by deceiving the Plaintiff even though he did not intend to deliver the purchase price to the Plaintiff at the time of entering into the instant sales contract, and delivered only KRW 80 million out of KRW 201,000,000, which was paid by C, to the Plaintiff, and completed the registration of ownership transfer by receiving documents necessary for the registration of ownership transfer from the Plaintiff.

The defendant's act.

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