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(영문) 부산지방법원 동부지원 2018.03.08 2017가단8915
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From August 2013, C, the Plaintiff’s wife, worked at the D Real Estate Brokerage Office run by the Defendant for about one year. On October 31, 2014, the Plaintiff’s wife lost consciousness at around 15:00 and did not recover consciousness until now.

B. On March 18, 2014, C concluded a sales contract on apartment Nos. 504, 501, 501, 501, 501, 508, 1101, 501, 508, 1101 (hereinafter “multi-unit apartment”).

C. On November 6, 2015, the Plaintiff filed an application for commencement of adult guardianship for C with the Busan Family Court for commencement of adult guardianship (2015No. 2003), and was ordered to commence adult guardian on November 6, 2015. On December 1, 2015, the Plaintiff obtained permission from the Busan Family Court for resale of apartment units No. 501 and 1101.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2 evidence, Gap 3 and 4 evidence, respectively, 1, 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Plaintiff changed the name of the seller for apartment sale Nos. 501 and 1101 to the Plaintiff with the permission of the Busan Family Court, and then requested the Defendant to resell each apartment sale price of KRW 25 million to the Defendant.

The defendant purchased the apartment unit sale right of 501 in F name, and the defendant purchased the apartment unit sale right of 1101 and changed the name of the seller for sale, but only 8.2 million won out of the sale price of 50 million won and 9.8 million won, and not paid the remaining amount.

Therefore, the defendant has a duty to return the resale price unpaid to the plaintiff as unjust enrichment.

B. The fact that the Defendant purchased the right to sell apartment units No. 501 and 1101 on the Plaintiff’s proposal does not dispute the Defendant.

However, there is no evidence to acknowledge that the purchase price for the apartment sale right of 501 and 1101 is more than 50 million won, which is in excess of 17.8 million won, which is paid by the plaintiff.

The plaintiff's assertion is without merit.

3. According to the conclusion, the plaintiff's claim is dismissed for lack of grounds.

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