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(영문) 창원지방법원 2016.05.24 2015가단81818
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. C, the husband of the defendant and the defendant, is the co-owner of the Sungwon-si D apartment 206 Dong 1501 (hereinafter “the apartment of this case”).

(1/2 of each co-owned share).

On September 13, 2012, E entered into a lease agreement on the apartment of this case, and applied for a decision to commence compulsory auction on September 13, 2012 for the return of the lease deposit after the lease term expires, and withdrawn the request for auction on October 8 of the same year.

(c)F is a person who has worked as a real estate brokerage assistant at the I real estate brokerage office located on the first floor of the H building in the Changwon-si, Changwon-si operated by G;

On October 9, 2012, the Plaintiff remitted KRW 50,000,00 to the deposit account in the Defendant’s name.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted 1) On October 9, 2010, the Plaintiff issued a comprehensive power of representation with respect to the sale of the instant apartment from F to F, who was awarded a comprehensive right of representation with respect to the sale of the instant apartment, provided that “If the compulsory auction procedure is in progress at the request of E, who is the lessee of the instant apartment, the Plaintiff would have the Defendant withdraw the said compulsory auction procedure with the said money, and then would allow the Plaintiff to purchase the instant apartment on good terms and conditions.” On October 9, 2012, the Plaintiff concluded a provisional contract with the Defendant by setting the provisional contract amount of KRW 50,000,000 with respect to the instant apartment and paid KRW 50,000,000 for the provisional contract amount.

However, since the Defendant refused to conclude this contract and did not conclude the contract between the Plaintiff and the Defendant, the Defendant acquired benefits of KRW 50,000,000 without any legal cause and caused damages to the Plaintiff equivalent to the same amount, and thus, the Defendant should pay KRW 50,00,000 as unjust enrichment.

B. In addition, the apartment house of this case is actually purchased by the defendant and F.

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