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(영문) 전주지방법원 2017.06.07 2015가단6885
부당이득금
Text

1. From May 30, 2015 to June 7, 2017, Defendant Hansung Co., Ltd.: KRW 50,000,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant B Housing Association (hereinafter “Defendant Association”) (hereinafter “Defendant Association”) entrusted Defendant Hansung Co., Ltd. (hereinafter “Defendant Company”) with the sales agency business of the commercial buildings among the above buildings while implementing the construction business of the building of the multi-use apartment complex C on the ground of Ysan-gu Seoul Special Metropolitan City.

B. Around January 27, 2012, the Defendant Company: (a) sold a commercial building among the above buildings to investors, including the Plaintiff; and (b) paid a considerable amount of money to the Defendant Cooperative; (c) concluded a contract between the Plaintiff and the Plaintiff under which the sales price of the first floor of 8 block 350,6160,000 won is set and sold (hereinafter “instant sales contract”); and (d) received a down payment of KRW 50,000 from the Plaintiff on the same day.

C. However, the sales of the above commercial buildings by the Defendant Company was invalidated as prior sales prior to approval of the business plan, and the investors including the Plaintiff, etc. requested the Defendants to return the down payment on the grounds of this, on March 2012, but the Defendants did not return it to the individual investors, such as the Plaintiff.

Of that, the Plaintiff and Chyn&C Co., Ltd. (hereinafter “Chn&C”) did not refund the said down payment to the Plaintiff even if the Chyn&C market in business relations with the Defendant Union did not refund the said down payment, the Plaintiff is presumed to have returned the said down payment to the Plaintiff, and the period of receiving the said down payment from the Defendant Union upon the claim for return of the purchase price at the Chyn&C market. On March 26, 2012, the Plaintiff prepared a receipt (Evidence 2) stating that the Plaintiff received KRW 50 million from the Chyn& City, and Chn&C requested the Defendant Union to return the down payment on October 18, 2012, but did not receive the said refund.

As of November 15, 2012 between the Defendants, the Defendant Union confirmed that the Defendant Company deposited a total of KRW 2.4775 million out of the sales price of the above commercial building, and fulfilled its responsibilities accordingly.

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