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(영문) 서울고등법원 2019.01.24 2017나2044085
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On April 22, 2014, Defendant K Co., Ltd entered into an entrustment contract with Defendant H on the terms that Defendant K Co., Ltd entrusted Defendant H with the construction, sale, etc. of electric housing complex in the area X land in the wife population X at the time of tolerance to Defendant H.

Defendant H is the representative director of Defendant I Co., Ltd., and Defendant J is the representative of Defendant KK.

B. On October 20, 2014, Defendant H concluded a contract between the Plaintiff and the Plaintiff under the name of Defendant I to construct an electric house with the name of Y building (hereinafter “instant electric source house”) on the ground of the land in the wife population M (hereinafter “instant land”) at the time of the Plaintiff, and sell the house to KRW 376,000,000 by May 30, 2015 (hereinafter “instant contract”).

C. From September 26, 2014 to November 13, 2015, the Plaintiff paid Defendant H KRW 200,500,000 in total on four occasions as the above price.

However, Defendant H and I failed to complete the construction work of a house for electric use until the date of sale under the instant contract, and failed to perform the obligation to implement the registration procedure for transfer of ownership of the site.

E. Around January 29, 2016, the Plaintiff demanded Defendant H and I to cancel the instant contract. Accordingly, Defendant H and I agreed to cancel the instant contract between the Plaintiff and jointly and severally return the amount received to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 19, Eul evidence Nos. 1 and 24 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. Defendant H, on the ground of the instant land, deceiving the Plaintiff as if he did not have any intent or ability to sell the instant house to the Plaintiff, even though he did not have any intention or ability to sell it to the Plaintiff, and let the Plaintiff enter into the instant contract, and made the Plaintiff enter into the contract from the Plaintiff.

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