(영문) 광주지방법원 2018.07.05 2017가단1009

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(영문) 광주지방법원 2018.07.05 2017가단1009

부당이득금반환 등

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

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

Reasons

1. Basic facts

A. On April 1, 2014, the network A (hereinafter “the network”) drafted a sales contract that causes 290,000,000 sales price (hereinafter “instant sales contract”) with regard to the building of 188.7 square meters and 3 stories above ground in Seo-gu, Seo-gu, Gwangju (hereinafter “instant real estate”) with Defendant D’s brokerage, and with respect to the sales price for the building of 188.7 square meters and three stories above ground (hereinafter “instant real estate”).

B. At the time of the sales contract, the Deceased and the Defendant C agreed to accept the obligation to return the lease deposit for the instant real estate (hereinafter “the lease deposit in this case”), and agreed to pay the remainder other than the obligation to return the lease deposit, which the Deceased agreed to take over, until May 7, 2014, out of the remainder of KRW 265,000,00 on the date of the contract, the intermediate payment of KRW 10,000,000, on the date of the contract, and the intermediate payment of KRW 15,000,000, as well as the remainder of KRW 265,000,000.

C. On May 7, 2014, the deceased paid the down payment and intermediate payment to Defendant C on each payment day, paid KRW 67,00,000 remaining after deducting the lease deposit of this case from the purchase and sale balance, and completed the registration of ownership transfer on the same day.

After the deceased filed the instant lawsuit, on March 12, 2017, the deceased died, and the Plaintiff, who is the mother and the sole heir, took over the instant legal proceedings.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7 (including branch numbers of evidence available; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (A) as to the remainder of the lease deposit amount of KRW 218,000,000,000,000, the total amount of the lease deposit the Deceased acquired at the time when the Deceased pays the remainder of the lease deposit amount of KRW 218,00,000, does not conflict between the parties.

The deceased paid 92,00,000 won to Defendant C in excess of 20,000 won.

(B) The Defendants conspired to deception the Deceased, or Defendant D.

유사 판례

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