(영문) 서울서부지방법원 2015.06.10 2015가단201971

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(영문) 서울서부지방법원 2015.06.10 2015가단201971

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion concluded a lease agreement with the Defendant on the lease of 770 square meters (hereinafter “instant land”) prior to Gangnam-si B owned by the Defendant, from September 2, 201 to December 31, 201, to restore the said land to its original state, due to the need for civil engineering works.

The Plaintiff, during negotiations with the Defendant, demanded the Defendant to restore the instant land to its original state on April 4, 2014, and paid KRW 40 million to its original state on the day, and paid KRW 13 million on May 15, 2014.

On the other hand, a purchase agreement between the Plaintiff and the Defendant was concluded, and a contract was concluded on April 7, 2014 to purchase the instant land at 88,540,000 won.

The above contract contains the content that the land of this case is delivered as it is.

Therefore, the defendant, even though there is no need to restore the land of this case, received the cost of restoration as above, which suffered damages without any legal ground, and the defendant sought the return of the benefits.

2. According to the judgment of this court Gap No. 4, since the defendant delivered the land of this case to the plaintiff as it is, it is recognized that there was no need for restoration.

However, the Plaintiff and the Defendant had contacted from time to time due to the issue of land return, purchase, etc., and agreed first on the expenses to be restored to the original state during that process, which was agreed upon by the sales contract after three days, the agreement and the sales contract were made on the same day, and in the process, the expenses already agreed to be restored to the original state shall be removed from the sales price agreed upon and the remainder shall be stated in the sales contract as the sales price. Ultimately, the sales price is determined by the sum of the amount of the sales contract and the expenses already agreed to be restored

유사 판례

-대법원 1995. 11. 7. 선고 93다25585 판결

-부산지방법원 동부지원 2017.02.15 2016가단12214

-서울중앙지방법원 2014.09.26 2013가합52597

-수원지방법원 2020.07.09 2019나87344

-대법원 1994. 3. 11. 선고 92누15871 판결