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(영문) 서울고등법원 2018.01.18 2017나2060018
부당이득반환 등
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff purchased D Apartment 101, 301, 101, 301, from B reconstruction Association, Seoul Special Metropolitan City, and 11, on December 1, 201, but purchased again on March 4, 2011, and paid the sale price, etc. to B reconstruction Association and the Defendant.

On February 17, 2017, the transfer registration for ownership was completed to F on February 14, 2017 due to a compulsory auction on February 17, 2017.

B. In the first instance court, the Plaintiff filed a claim against the Defendant for a total of KRW 570,00,000 and KRW 75,339,951 in total, including the refund of KRW 570,000,000 and the sale price paid by the Plaintiff for damages on the ground of the cancellation of the above sale contract, and for a total of KRW 75,339,951 in total, including the purchase price, loan interest, and acquisition tax and property tax paid by the Plaintiff on the ground of joint tort between the Defendant and B reconstruction association. In addition, the Plaintiff filed a claim for a total of KRW 645,39,951 (= KRW 570,00,000) and KRW 75,339,95

C. The first instance judgment dismissed all the Plaintiff’s claim against the Defendant.

The Plaintiff appealed against the Defendant, without filing an appeal as to the claim for the primary cause of the cancellation of the sales contract, and without filing an appeal as to the claim for damages arising from joint tort between the Defendant and B reconstruction Association. Moreover, the Plaintiff filed an appeal as to the remainder of the claim for damages, excluding the part of KRW 512,360, and the remainder of the claim for damages, i.e., the purchase price, loan interest, and acquisition tax paid by the Plaintiff under the sales contract, i.e., the total amount of KRW 644,827,591 (= KRW 570,00,000 + KRW 74,827,591 (= KRW 75,339,951 – KRW 512,360)) within the scope of damages.

E. Therefore, the purchase price that the Plaintiff paid to the Defendant on the ground of the Defendant’s tort is the sales price.

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