logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2017.08.30 2016가단91812
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is 32,510.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. 1) The Plaintiff entered into a contract between the Plaintiff and the Defendant on December 9, 2004, and the Defendant (the name before the name is named “C”) (the name before the name is named “C”).

B) As between D and D, D’s 1,580 square meters (hereinafter “instant real estate”) prior to E in the case of Pakistan owned by D.

2) As to the Plaintiff’s sales contract on behalf of D, the Plaintiff’s sales of real estate for KRW 600 million to the Defendant (hereinafter “instant contract”).

In concluding the agreement, the following contents were stipulated as the special agreement (hereinafter referred to as “instant special agreement”).

1) The seller (agent) received KRW 400 million from the purchaser and pays the proceeds of KRW 5% per month ( KRW 10 million per month, and KRW 10 million upon the due date). 2. The seller, upon the receipt of the balance, shall cancel the establishment of the second priority collateral mortgage and make a provisional registration to the purchaser. 3. The seller, by July 14, 2005, shall be the buyer’s cancellation date of this contract after paying the principal and interest by July 14, 2005. 2) The Defendant paid the Plaintiff KRW 130 million on December 9, 2004, and KRW 270 million on December 15, 2005, respectively, according to the instant contract.

C. D (1) The establishment of a right to collateral security and the issuance of a promissory note against the Plaintiff and D against the Defendant, and D (1) the registration of the right to collateral security on December 23, 2004, which was received on December 23, 2004 from the 92867 registry office for the High Government Branch of the District Court of Dongyang-gu, the registration office for the right to collateral security on December 15, 2004, was completed on December 16, 2005, the maximum debt amount was KRW 685 million as of December 16, 2005, and the registration of the establishment of a right to collateral security with the debtor was completed on June 24, 2005, respectively.

9. A performance plan to change to 15.15. The plan was prepared and delivered to the Defendant, and a promissory note with a face value of 685.0 million won on December 15 of the same year was issued and delivered to the Defendant jointly with D on March 15, 2006.

The plaintiff paid money to the defendant under the contract of this case.

arrow