(영문) 서울서부지방법원 2020.05.27 2019가합32156

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(영문) 서울서부지방법원 2020.05.27 2019가합32156

부당이득금

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B, from May 1, 2017, operated Defendant B’s announcement board with the trade name “F” by leasing 2, 3, and 4 floors among the fourth floor buildings located D and E in Seodaemun-gu Seoul (hereinafter “instant building”) from around May 1, 2017.

B. On July 15, 2017, Defendant B entered into a design contract with Defendant B, under the name of Defendant B’s spouse G, to change the second floor of H and F to “astrusium” from among Class II neighborhood living facilities to “astrusium” among class II neighborhood living facilities.

Defendant B paid the down payment of KRW 10,000,000,000 to H, a contract deposit of KRW 15,000,000, and Defendant B determined that the full down payment should be refunded from H in the event that the change of use is not performed by H.

C. On May 8, 2018, the Plaintiff and Defendant B entered into a contract for transfer and takeover of all the facilities and rights to acquire premium of KRW 245,000,000,000 for operating the Institute business with respect to Defendant B and F. On the same day, the Plaintiff paid the Defendant B the down payment of KRW 100,000,000, and the remainder of KRW 145,000,000,000 each on June 1, 2018 (hereinafter “instant contract”).

(2) The Plaintiff and Defendant B determined that “When the alteration of the purpose of use in the building ledger is known, the total amount of the down payment in the building office shall be transferred to the transferee (the Plaintiff)” as stipulated in paragraph (3) of the instant special agreement.

Defendant C is an intermediary who has mediated the contract of this case.

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

2. The plaintiff's assertion

A. Defendant B did not notify the Plaintiff that the second floor of the instant building could not be changed to its announced source, which was the cause of the claim against Defendant B, and by deceiving the Plaintiff that the change of use would necessarily result in the change of use, Defendant B received premium of KRW 245,00,000 from the Plaintiff.

The second floor shall be one half of the total members of the Public Notice Board.

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