(영문) 서울서부지방법원 2015.12.24 2015나31210

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(영문) 서울서부지방법원 2015.12.24 2015나31210

부당이득금반환

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. On April 7, 2003, the Plaintiff entered into a pre-sale agreement with D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on No. 117 of E commercial building as the Defendant’s broker, and paid KRW 60,025,00 as down payment to the Nonparty Co., Ltd., and separately paid KRW 88,00,000 as the sales cost to the Defendant.

B. After agreement was cancelled on the sales contract with the non-party company and the non-party company on July 16, 2004, the plaintiff entered into a pre-sale contract with the non-party company and the non-party company on July 16, 2004 as well as the non-party company's 1/2 shares of 5th 5th 7th 69, and the plaintiff paid 68 million won to the non-party company as contract deposit, and paid 120 million won in total (32 million won) to the defendant as sales cost by additionally paying 32 million won to the non-party.

C. However, the progress of the business was suspended by being subject to criminal punishment for embezzlement of the sales contract amount, etc. that the representative director of the non-party company received from the seller. On January 4, 2010, the non-party company was declared bankrupt by the Seoul Central District Court on October 26, 201, while the non-party company notified the Korea Railroad Corporation of the cancellation of the business owner's right of the E-construction business and the cancellation of the business promotion agreement.

On the other hand, on February 10, 2010, the Defendant agreed to return KRW 1.944 billion, which is part of the sales cost that the Defendant received between the Plaintiff and the buyer, including F, by December 31, 2010 (hereinafter “instant refund agreement”). Under the said refund agreement, the Defendant returned KRW 60 million, half of the sales cost that the Defendant received to the Plaintiff and F, (the agreed amount is either KRW 62.8 million, but this is the amount including KRW 2.8 million of the provisional registration cost).

【Non-contentious facts, Gap’s evidence Nos. 1, 2, 5 through 8, 17, Eul’s evidence No. 1, and the purport of the whole pleadings

2. The defendant.

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