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(영문) 서울중앙지방법원 2018.11.02 2018가단5055094
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B requested Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) that is a real estate sales agency for sale to sell the shares of 94/556 square meters (hereinafter “instant real estate shares”) in the Sungsung-si of Gyeonggi-do owned by oneself.

B. On June 23, 2017, the Plaintiff, an employee of the Defendant Company, concluded a contract with Defendant B to purchase the instant real estate shares (hereinafter “instant sales contract”).

In determining the purchase price of KRW 36,400,000, the Plaintiff treated that the Plaintiff paid KRW 16,900,000 to the Defendant Company prior to the said determination as the down payment on the day of the contract. The intermediate payment of KRW 13,00,000 as the down payment was determined on June 30, 2017 to pay KRW 6,50,000 to each of the Defendant Company’s account on July 24, 2017.

C. The Plaintiff deposited KRW 1,00,000 on July 7, 2017 and KRW 1,200,000 on September 5, 2017 on which the payment date of intermediate payment was due, and the outstanding payment date was due. D.

Defendant B, through Defendant Company on November 7, 2017, sold 33/556 shares of the instant real estate to E, 61/556 shares to F, and completed the registration of ownership transfer on December 1, 2017 to E and F.

E. On March 6, 2018, the Plaintiff notified the Defendants by content-certified mail that “The instant sales contract was impossible due to the double selling of the Defendants, and thus the contract will be rescinded.”

[Ground of recognition] Each entry of Gap evidence 1 to 3, 5 to 8 (including paper numbers; hereinafter the same shall apply), Eul evidence 1 and 6

2. The instant sales contract became impossible due to the Plaintiff’s double sale of the instant real estate shares, and the instant sales contract was rescinded upon the Plaintiff’s declaration of intent to cancel the contract.

Therefore, the Defendants are obligated to return to the Plaintiff the total sum of KRW 19,100,000 paid by the Plaintiff as a result of the cancellation of the contract, and the down payment is 16,90.

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