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(영문) 서울고등법원 2015.03.18 2014나19730
위탁금반환
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. Around 2003, the Plaintiff, who was residing in a foreign country, entrusted the Defendant with the purchase of real estate in Korea with the Plaintiff’s funds.

B. On September 2, 2003, the Defendant, representing the Plaintiff, entered into a sales contract with the Seongdong-gu Seoul Metropolitan Government No. 201 (hereinafter “instant real estate”) on September 2, 2003, and completed the registration of ownership transfer on October 30, 2003.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1) on October 25, 2002 that the plaintiff used for the purchase of the real estate of this case to the defendant, 44,928,074 won on October 25, 2002, 3,020,000 won on May 30, 2003, 26.2,00,000 won on June 26, 2003, 42,90,45 won on August 13, 2003, 8,328,891 won on September 5, 2003, and 5,000,000,000 won on September 18, 2003, in lieu of the sale proceeds of this case's real estate, the sale proceeds of this case's real amount of KRW 740,000,000 or 90,00 which was actually paid or accepted as a security deposit and the sale proceeds of this case's real property.

Even if the amount of the purchase price of the instant real estate is KRW 115,00,000 according to the market price appraisal result by the court of first instance, and the amount of the obligation that the Plaintiff acquired in lieu of the payment of the purchase and sale contract is KRW 115,00,000,000, as alleged by the Defendant, the amount actually paid as the purchase price is merely KRW 25,000

3) As above, since all or part of KRW 106,177,420 paid by the Plaintiff to the Defendant for the use of real estate as the purchase fund was not used for the purchase of the instant real estate, the Defendant is obligated to return it to the Plaintiff. (B) The Defendant’s assertion 1) The Defendant received KRW 76,509,846 from August 13, 2003 to January 14, 2004 while managing the Plaintiff’s account, and received KRW 4,00,000 among them.

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