(영문) 대구지방법원 2018.01.18 2016가합201450

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(영문) 대구지방법원 2018.01.18 2016가합201450

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts housing construction and real estate development business, and the Defendant is a person that has invested in the Plaintiff’s housing construction business.

B. On February 28, 2014, the Plaintiff and the Defendant concluded an investment agreement to provide the Plaintiff with the instant land as collateral and to pay KRW 185 million out of the investment proceeds after having newly constructed the instant building by July 10, 2014 (hereinafter “instant investment agreement”) with respect to neighborhood living facilities and multi-family houses (hereinafter “instant building”) constructed on the land of 150 million square meters and 446 square meters (hereinafter “instant land”).

C. On March 10, 2014, the Plaintiff purchased the instant land from Nonparty E and completed the registration of ownership transfer in the name of the Defendant. The Defendant paid KRW 150 million to the Plaintiff at around that time.

After that, on February 23, 2015, when the construction of the building of this case was suspended and completed, the Plaintiff and the Defendant: (a) on March 15, 2015, where the Plaintiff could not pay KRW 180 million to the Defendant by March 15, 2015, the Plaintiff and the Defendant drafted a letter of undertaking and a letter of waiver of construction to transfer the site of the building of this case to the Defendant and to the Plaintiff be responsible for the payment of the existing construction cost; (b) on March 12, 2015, the Plaintiff and the said letter of undertaking and a letter of waiver of construction (hereinafter referred to as “instant letter of undertaking and the letter of waiver of construction”) were prepared and certified by a notary public from the Mapo Law Firm (No. 478 of 2015) as follows.

Certificates and Statement of Waiver of Construction

1. Indication of real estate: The indication of real estate D (A) in Sung-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, B (Defendant) and B shall be commitment to the following contents:

- - Future -

1. B is the payment key to A, not later than April 10, 2015, for the principal amount of one hundred million won invested by A.

유사 판례

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