(영문) 의정부지방법원 2016.07.14 2015가단111778

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(영문) 의정부지방법원 2016.07.14 2015가단111778

부당이득반환청구의 소

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1. Defendant B’s KRW 27,654,50 for the Plaintiff and KRW 20% per annum from July 9, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. Defendant B is the winner of the right to sell D Apartment No. 106, 1103 (E apartment No. 3706, No. 1103, and No. 1103, and No. 12, 2012, the registration of ownership was completed on March 12, 2012; hereinafter “No. 1 apartment”); Defendant C is the winner of the right to sell the same F apartment No. 105, No. 1301, No. 1301, No. 1605, and No. 1301, and the registration of ownership was completed on March 20, 2012, the registration of ownership was completed in the future of Korea Asset Trust Co., Ltd. (hereinafter “No. 2 apartment”).

B. On September 28, 2009, the Plaintiff agreed to purchase the right to sell the apartment unit No. 1 of Defendant B through H to transfer the sales contract amount, etc. to H on September 28, 2009, and the Defendant B agreed to resell the right to sell the apartment unit after receiving KRW 20 million from the I mediating the resale of the right to sell the apartment unit.

However, for the period of restriction on resale right, Defendant B entered into a supply contract with the K non-Real Estate Trust Co., Ltd. on September 30, 2009 with the content that the first apartment is supplied, and paid KRW 27,654,50 on the same day. The down payment was paid by the Plaintiff to H.

C. From the end of February 2012 and the beginning of March 2012, Defendant B requested the Plaintiff to change the name of the purchaser for the instant apartment building No. 1 in accordance with the sale and purchase contract of the sale rights as of September 28, 2009, and sent a content-certified mail stating that the Plaintiff would be deemed to waive the sale rights if the title is not changed.

As the Plaintiff did not change its name in its own name, Defendant B paid the balance to the K non-Real Estate Trust Co., Ltd. pursuant to the supply contract for the apartment complex No. 1, and completed the registration of ownership transfer on May 29, 2012.

E. The plaintiff decided to purchase the right to sell the apartment unit No. 2 of defendant C through H, and on October 1, 2009, H.

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