(영문) 부산지방법원 2017.11.28 2016가단351753

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(영문) 부산지방법원 2017.11.28 2016가단351753

부당이득금

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1. The Defendant’s KRW 100,000,000 as well as 5% per annum from March 25, 2005 to November 21, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 7, 2005, the Plaintiff entered into a sales contract with the Defendant to pay the purchase price of KRW 168,000,000 for the amount of KRW 29,000 for the amount of KRW 10,000 for the amount of KRW 10,000 for the intermediate payment, KRW 90,000 for the intermediate payment, KRW 68,000 for the remainder payment, KRW 68,000 for the remainder payment on March 25, 2005 (hereinafter “instant sales contract”) and the remainder payment of KRW 29,00,000 for the remainder payment on June 7, 2005 under a special agreement to the effect that the purchaser succeeds to the remainder of KRW 29,000 for the remainder payment, and the both parties agreed to adjust the remainder payment under mutual agreement.

However, the Defendant, after purchasing the instant real estate from the former owner E on August 21, 2003, did not complete the registration of ownership transfer, and the Defendant entered into a sales contract with the Plaintiff as E’s agent.

B. Upon entering into the instant sales contract, the Plaintiff paid each of the down payment of KRW 10,000,000 to the Defendant, and the intermediate payment of KRW 90,000,000 on March 25, 2005.

C. The Defendant completed the registration of ownership transfer on September 3, 2010 to F on June 12, 2013, after completing the registration of ownership transfer on the instant real estate, and completed the registration of ownership transfer on May 30, 2013 to F.

The Plaintiff notified the Defendant of the cancellation of the instant sales contract through a preparatory document dated April 3, 2017, on the ground that the instant sales contract was impossible because the Defendant sold the instant real estate to F and completed the registration of transfer of ownership.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 4 to 6, the purport of the whole pleadings

2. Determination

A. In the sale of real estate to determine the cause of the claim, where the seller has already sold the object to another person and has completed the registration of ownership transfer to a third person despite the seller's duty to transfer the ownership transfer to another person, a special case is made.

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