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(영문) 의정부지방법원고양지원 2015.07.09 2013가합9826
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In around 2006, the Defendant purchased from Hongcheon-gun, Gangwon-do and five parcels (hereinafter “instant real estate”), and heard that there is an investment value, and recommended the Plaintiffs to purchase the instant real estate.

B. The plaintiffs decided to purchase the real estate of this case. ① The plaintiff A transferred all of KRW 130 million to the defendant's account, including KRW 20 million on May 9, 2006, KRW 233 million on May 10, 2006, KRW 43.3 million on May 10, 2006, ② the plaintiff B, KRW 43.3 million on May 8, 2006, and ③ the plaintiff C transferred all of KRW 130 million on May 8, 2006 to the defendant's account.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiffs 1) delegated the purchase price of the real estate of this case to the defendant, and paid the price of KRW 130 million to E. The defendant did not pay the above money to E, or even if he paid the above money, the defendant did not perform its duty to manage the business so that the plaintiffs can acquire ownership of the real estate of this case with the due care of a good manager, and eventually did not transfer the ownership of the real estate of this case to the plaintiffs. Therefore, the defendant was not obligated to pay the plaintiffs the amount equivalent to the amount paid by the plaintiffs to the defendant as the compensation for unjust enrichment or default. Thus, the defendant is obligated to pay the plaintiff A the purchase price of KRW 43,330,00,000,000 to the plaintiff Eul, 433,340,000,000 won to the plaintiff Eul, and 43,43,000,0000 won to the plaintiff C, respectively.

B. The defendant only introduced the real estate of this case to the plaintiffs, and there was no delegation from the plaintiffs to purchase the real estate of this case.

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