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(영문) 수원지방법원 2016.06.08 2015가단29653
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. On September 19, 201, Plaintiff A requested an auction consulting to Defendant and Nonparty D Co., Ltd. working for the Defendant and Nonparty D, and paid KRW 2,00,000 to the Plaintiff.

B. After that, on November 3, 2011, Plaintiff A demanded that the shop located in the Suwon be awarded a successful bid, and deposited KRW 20 million with the Defendant’s account, which was impossible to be awarded a successful bid, and the Defendant deposited KRW 12 million with the Plaintiff’s account and returned it to the Plaintiff A.

C. Around November 10, 201 at the request of Plaintiff A, D bid price of KRW 97 million in the auction procedure under subparagraph 401 (hereinafter “instant commercial building”) of the building on the ground outside of the Suwon-si District E, which was implemented on November 10, 201 at the request of Plaintiff A, and awarded a successful bid under the name of Plaintiff B, the husband of Plaintiff A. The bid bond was paid at KRW 7,340,00 among the 8 million not returned above. The Defendant deposited the remainder of KRW 660,000 (= KRW 20,000 - KRW 12,000 - 7,340,00) into the account of Plaintiff A.

Plaintiff

A deposited a total of KRW 40,66 million in the bid price and all expenses of the instant commercial building into the account of the Defendant and D. On December 27, 2011, the payment due date for the instant commercial building was made by borrowing KRW 65,00,000 from a house and agricultural cooperative as a security and paying it as a successful tender price, and thereafter completing the registration of ownership transfer in the Plaintiff B.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, Eul 4 and 6-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiffs asserted that they entrusted the auction auction of the commercial building of this case to the defendant and the non-party D, and agreed to pay KRW 5 million for the auction agency expenses, KRW 10 million for management expenses such as restoration to the original state, lease and sale of the auction goods (including lien settlement), and KRW 10 million for the auction agency expenses. The defendant, in collaboration with D, entrusted the auction auction agency work by the plaintiffs, and the defendant and D performed the work by receiving the auction agency work from the plaintiffs, and KRW 125 million for the bid price and auction expenses from the plaintiff A.

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