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(영문) 서울중앙지방법원 2017.09.19 2016가단5281486
매매대금반환
Text

1. Defendant B’s KRW 90,000,000 as well as 5% per annum from July 31, 2007 to February 3, 2017 to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C (hereinafter referred to as “Defendant” in this item)

A. On November 2006, the Plaintiff and the Defendant met the transaction information on the right to sell the land for countermeasures against the sale of the housing site in the relevant business district, which is sold by the executor of the housing site development project, among the Defendant’s houses located in Seoul D around November 2006.

3) On January 4, 2007, the Plaintiff transferred to the Defendant’s bank account under the name of husband F, KRW 30 million, KRW 63 million on January 5, 2007, and KRW 193 million on January 10, 2007, respectively. 4) Of each of the above amounts, KRW 90 million was used by the Defendant to purchase the right of sale in its name from Defendant B on behalf of the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 4-1 and 2, the purport of the whole pleadings

B. Claim 1A) The Plaintiff was urged by the Defendant to purchase two copies of the right of sale in the daily life countermeasure site that the Plaintiff granted to the original resident pursuant to the E development, and transferred a total of KRW 193 million to the Defendant.

However, the defendant used 90 million won among them to purchase the right of sale from the defendant B, but it did not purchase another right of sale, and thus, 13 million won remains to the defendant in Switzerland.

Therefore, the defendant is obligated to return the above KRW 13 billion to the plaintiff with unjust enrichment.

B. With respect to KRW 13 million claimed by the Plaintiff, the Defendant entered into a provisional contract with G in charge of selling and selling the sales tickets at the request of the Plaintiff to purchase and sell the sales tickets, on January 3, 2007, with G in charge of selling and selling the sales tickets, and thereafter, issued to the Plaintiff a check of KRW 70 million in total and KRW 3 million in cash, out of KRW 1.3 million remitted from the Plaintiff.

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