(영문) 인천지방법원 2016.07.20 2015가단61698

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(영문) 인천지방법원 2016.07.20 2015가단61698

부당이득금반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff, on February 28, 2006, purchased the purchase price of KRW 144,944m2 (hereinafter “the instant forest”) from the Defendant, who represented D and E, for KRW 120,000,000,000,000,000,000 for contract deposit, intermediate payment of KRW 30,000,000,000,000,000, and paid KRW 20,000,000 out of the down payment to the Defendant B.

B. On April 7, 2006, the Plaintiff paid to Defendant B the remainder of KRW 10 million out of the down payment, and paid the intermediate payment of KRW 40 million on September 1, 2006.

C. The Plaintiff, while paying the intermediate payment, requested the Defendants to change the buyer into G by requesting the buyer to change the buyer into Chokman G, and then re-established a sales contract by changing the buyer into G, and reversed the sales contract in which the Plaintiff entered as the buyer.

The Plaintiff intended to pay the balance of D, E, and E, the owner and seller of the instant forest land at the end of December 2006, but failed to pay the balance due to its failure.

E. Around October 2007, G filed a lawsuit against D and E to the effect that the remaining purchase price of KRW 50 million should be paid, and that the procedure for the registration of ownership transfer should be implemented with respect to the forest of this case. However, in the said lawsuit, it was proved that the certificate of personal seal impression submitted by the Defendants as evidence was forged and lost.

F. Ultimately, the Plaintiff paid KRW 70 million to Defendant B, inasmuch as it was either impossible to achieve the objective from the beginning of the year of the Plaintiff’s payment, or it was not possible to achieve the objective later, and thus, the Plaintiff paid KRW 70 million to Defendant B without any legal cause.

The Defendants, inasmuch as they arbitrarily used the said money without the Plaintiff’s consent or permission, it should be deemed that the Defendants jointly benefiting therefrom.

Therefore, in accordance with the principle of return of unjust enrichment, the Plaintiff seeks to jointly pay the Defendants KRW 70 million.

2. Determination:

A. Determination as to the claim against Defendant C

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