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(영문) 제주지방법원 2021.03.26 2020가단4460
약정금등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

The plaintiff's assertion is as follows.

On May 4, 2018, the Plaintiff purchased land, such as Jeju-si, the Defendant’s owner, from the Defendant, via C, a proxy of the Defendant, and paid down payment KRW 20 million to the Defendant.

The defendant delayed the implementation of the registration procedure for the transfer of ownership due to the fact that the sale price of the above land was set too low, and did not delegate C the power to execute the contract for the transfer of ownership.

Therefore, the 20 million won of the down payment that the Plaintiff paid to the Defendant is claiming the return as an unfair benefit.

The facts that the Plaintiff remitted KRW 20 million to the Defendant’s account on May 4, 2018 do not conflict between the parties, but the evidence evidence Nos. 1 through 4 alone is insufficient to acknowledge the Plaintiff’s assertion. Rather, according to the overall purport of the Plaintiff’s statement and change of evidence Nos. 1 and 2, the Defendant deposited KRW 20 million from the Plaintiff on May 4, 2018 and deposited KRW 19.9 million with the Plaintiff upon the request of the Plaintiff to immediately transfer money, and then the money for construction payment was immediately deposited from C. As such, C wired money to the Plaintiff upon the request of the Plaintiff to request; C used the real estate transaction contract in the name of the Defendant, the seller, and the Plaintiff’s agent; and Jeju District Court Decision No. 2020Da11566, which became final and conclusive by being sentenced to a fine of KRW 300,000 for the crime of forging and selling such private documents.

The plaintiff's claim is not reasonable and dismissed.

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