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(영문) 대법원 2018.07.11 2018다215985
추심금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2, the lower court determined that the sales price deposited by the number of buyers of each unit of the main complex building of this case to the account of fund management under the Defendant’s name based on the sales contract is not included in the trust principal, but is different from the “expenses for trust treatment” under Article 20(1) of the instant business agreement or the “expenses related to trust contract” under Article 21(1)1 of the instant security trust agreement, and that if the sales contract for each unit of the main complex building of this case is cancelled, the Defendant does not constitute a contract for a third party who agreed to directly pay the sales price to the buyer.

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the instant business agreement, the interpretation of a security trust agreement, or a contract for a third party.

2. As to the ground of appeal No. 3, the lower court determined that even if the Defendant keeps the sales price paid by G, it was based on the instant business agreement and the security trust agreement, and it cannot be deemed that there is no legal ground, and otherwise, it is difficult to view that the Defendant’s possession of the sales price as it is

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the above determination by the court below is just, and there is no error by misapprehending the legal principles on return of unjust enrichment.

3. Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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