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(영문) 서울중앙지방법원 2020.09.16 2018가단51035
부당이득금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff: (a) destroyed the Jongno-gu Seoul, Jongno-gu, Seoul E single-story building (hereinafter referred to as the “instant E building”) from D working for C real estate; and (b) made profits from the sale of a five-story officetel building at each place; and (c) received a request for the return of deposit money for lease to tenants of the instant building, and accepted the request for the investment of money such as money necessary for the return of deposit money for lease and design expenses.

On September 28, 2017, the Plaintiff entered into a building design contract (hereinafter “instant design contract”) with the Jongno-gu Seoul Metropolitan Government E and G with respect to the construction of officetels buildings with the size of five stories on the ground of the Seoul, Jongno-gu E and G (hereinafter “instant contract company”) on September 28, 2017, and transferred KRW 15,000,000 out of the design price to the H Bank I account (hereinafter “instant H Bank Account”) of the instant contract company on September 29, 2017.

[Ground of recognition] The Plaintiff’s assertion as to the Plaintiff’s ground of claim as to the Plaintiff’s assertion of the Plaintiff’s ground of claim as to the entries in Gap’s evidence Nos. 1 through 6 (including the number of branch numbers; hereinafter the same shall apply) and the entire pleadings, was concluded with the Defendant Company B, and paid KRW 15,00,000 out of the design price, but the building owner of the instant building E did not construct officetels, and thus, the said design price received by the Defendant Company B should be returned to the Plaintiff as unjust enrichment.

Judgment

Although the instant contracting company and Defendant B, a party to the instant design contract, are identical to each other, there is no evidence to prove that the other party, who transferred the design cost of KRW 15,000,000 to the instant design contract, is the Defendant B.

Rather, in full view of the purport of the entire pleadings as a result of the order to provide financial transaction information to the president of the H bank in this court, the holder of the H bank account in this case, which the Plaintiff deposited the above design, shall J. B and address at the same time.

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