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(영문) 부산지방법원 2018.04.26 2016나55070
부당이득금반환
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 26, 2013, the Plaintiff, the Defendant, and the Defendant B (I prior to the name of the Plaintiff) entered into a real estate exchange agreement with each other with the content of exchanging D, E, and the third floor building on each land and its ground (hereinafter “Plaintiff’s real estate”) owned by the J-gun of Busan, Busan, which was authorized to dispose of with the authority delegated by J, and three parcels, other than the Busan, Gun F, Busan, Busan, and B (hereinafter “Defendant’s real estate”).

(hereinafter “instant exchange contract”). (b)

The Plaintiff and the Defendant agreed to keep KRW 20 million in custody in the K Licensed Real Estate Agent Office which arranged the instant contract as the down payment for the instant exchange contract. The instant exchange contract entered as follows: “The documents for transfer of registration shall be prepared in the name of each person who wants to do so by March 11, 2013. The Defendant and B returned KRW 9 million out of them to the Plaintiff when receiving KRW 30 million in the deposit for each real estate shop between the Plaintiff and the Plaintiff’s real estate agent.”

C. G is the Plaintiff’s real estate intermediary regarding the instant exchange contract, and H and L (former: M) are the Defendant’s real estate intermediary.

On January 26, 2013, the Defendant maintained at the K Licensed Real Estate Agent Office the exchange contract amount of KRW 10 million out of the exchange contract amount of KRW 20 million, and confirmed that the amount of KRW 10 million is to be paid at the time of reducing the security deposit for the between the bridge sugar house in the Plaintiff’s real estate.

“The” has prepared and issued a written confirmation.

On the other hand, the Plaintiff kept the exchange contract amount of KRW 20 million at the K Licensed Real Estate Agent Office on February 4, 2013.

E. As the Defendant did not perform the instant exchange contract to the Plaintiff, the Plaintiff notified the Defendant of the performance of the instant exchange contract on May 22, 2014, and sent a certificate of content to the Defendant that he/she would cancel the instant exchange contract if he/she did not perform the said contract by May 30, 2014, and reached the Defendant around that time. However, the Defendant reached the instant exchange contract to the Plaintiff by May 30, 2014.

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