(영문) 서울서부지방법원 2016.04.07 2015나30132

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(영문) 서울서부지방법원 2016.04.07 2015나30132

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party and the selector C of the judgment of the court of first instance) shall be revoked.

Reasons

1. The defendant's obligation to distribute the judgment amount

A. On March 30, 2004, A, the Defendant, F, and the Appointor D jointly purchased the “I” shopping mall located in the Seocho-gu Seoul Metropolitan Government H from G Co., Ltd. (hereinafter “G”) (hereinafter “G”), and paid KRW 20,144,000 per person for the down payment and the cost of commercial building development.

On the other hand, at the recommendation of A and the defendant, J, Appointed E, or L also jointly sold a commercial building.

(Designated) The above buyers (hereinafter “eight buyers,” including the Defendant, made a general oral agreement on the following grounds: “All eight buyers, including the Defendant,” and “seven persons, including the Plaintiff, etc.,” among whom seven persons, except the Defendant, have entered into a lawsuit against G on the ground that G was deceiving by G in relation to the location of a commercial building; and on August 2004, the Plaintiff, etc., prepared the lawsuit against G on the ground that there was a deception by G; and on August 2004, the Defendant continued the lawsuit with eight representatives of the buyers and was to bear the costs of the lawsuit first.”

After that, the defendant

2. If the draft agreement was prepared on August 23, 2004 and delivered individually to 7 persons including the plaintiff et al., seven persons including the plaintiff et al. read and examine the draft agreement, and then the part under which "the party to the lawsuit" was under the bottom of "the party to the lawsuit" and the lower part "contestor" at the bottom of "the party to the lawsuit" was completed and then delivered to the defendant again, the purchaser entered into an agreement to share specific costs of lawsuit (hereinafter "the agreement of this case"). This was due to the fact that eight persons including the purchaser were the buyers A, and there were many persons residing in the local area.

The main contents are as follows:

(1) Deposit money: 16,00,000 won for insurance policy: 750,000 won for each of the above legal costs.

유사 판례

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