logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.01.28 2014가단86231
부당이득금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On January 26, 2007, the Plaintiff acquired ownership of Seocho-gu Seoul Metropolitan Government D apartment 102 (hereinafter “instant apartment”).

B. On February 16, 2007, the Plaintiff prepared a real estate sales contract that causes the purchase price of 984,150,000 for E and the instant loan, and received the down payment of 50,000,000 won.

C. On February 22, 2007, the Plaintiff remitted KRW 100,000,00 to Defendant C. D.

On February 10, 2009, the Plaintiff filed a lawsuit against E, including the name of the building, on the grounds of the remainder of the purchase price, and on February 10, 2009, the conciliation was concluded that “The Plaintiff shall pay E, not later than May 8, 2009, KRW 250,000,000, and “E shall order the Plaintiff by the same day,” and “E shall waive the claim for refund of KRW 250,000,000, out of KRW 500,000,000, which was paid as the purchase price.”

E. On January 18, 2011, the Plaintiff sold the instant apartment to F and G one-half shares, respectively, and completed the registration of ownership transfer on June 2, 201.

[Reasons for Recognition] Each entry of Gap 1-5 evidence, the purport of the whole pleadings

2. The Plaintiff asserted that Defendant B, who sold the apartment of this case more than KRW 1,200,000,000, agreed to sell the apartment of this case at the price of KRW 1,00,000 in return.

On February 16, 2007, the apartment house of this case was sold to E in KRW 1,200,000,000, and according to the above agreement, Defendant B was paid KRW 100,000,000 to Defendant B. At the time, Defendant B was using the passbook due to credit problems, and requested to deposit it into the passbook, and transferred the above KRW 100,000,000 to Defendant C.

However, the sales contract between the Plaintiff and E was concluded, and the Plaintiff thereafter sold the instant apartment to others.

Therefore, there is no obligation for the Plaintiff to pay KRW 100,000,000 to Defendant B. Therefore, the Defendants should return the said KRW 100,000,000 to Defendant B as unjust enrichment.

3. The evidence of the Plaintiff’s submission is alone.

arrow