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Reasons
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(영문) 대구지방법원 2015.10.08 2015나4717
부당이득금
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. In around 195, the Plaintiff and the Defendant concluded a partnership agreement (hereinafter “instant partnership agreement”) with the content that, while jointly purchasing ten parcels of land, including Cheongdo-gun C, etc. (hereinafter “instant real estate”), disposes of the instant real estate in the future and divide the price into 1/2.

B. On July 29, 2004, the Plaintiff and the Defendant entered into a contract with D to sell the instant real estate at KRW 300 million (the contract amounting to KRW 50 million on the date of the contract, the intermediate payment of KRW 150 million on August 5, 2004, and the remainder of KRW 100 million on August 16, 2004) (hereinafter “instant sales contract”), and the Defendant received the said payment from D in full.

C. The Plaintiff and the Defendant completed the registration of ownership transfer with respect to the instant real estate to D on August 13, 2004.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Defendant shall distribute to the Plaintiff KRW 142,500,000,000, which is equivalent to KRW 1500,000,000,000, which is the amount of KRW 15,000,000, which was received from D, deducted from KRW 300,000,000 from KRW 15,000,000,000,000. However, the Defendant paid to the Plaintiff only KRW 130,00,00,00, which is short of the amount, so the Defendant is obligated to pay to the Plaintiff the remainder of KRW 12,50,00,00 (=142,5

B. The defendant paid to the plaintiff the above shares of KRW 142,50,000,000 to the plaintiff, and even if not, since the settlement of the agreement between the plaintiff and the defendant on the business of this case was completed around August 2004, the plaintiff cannot respond to the plaintiff's claim.

3. Determination

A. Under the instant trade agreement, the Defendant does not dispute that the amount to be distributed by the Plaintiff from the Defendant is KRW 142.5 million. The fact that the Plaintiff received KRW 130 million out of the above KRW 142.5 million from the Defendant is the Plaintiff, and the Defendant receives the remainder of KRW 12.5 million.

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