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(영문) 대구지방법원 2015.07.07 2014가단121010
부당이득금
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a trust company of Dtel (hereinafter “instant officetel”) which is scheduled to be constructed on the land outside Daegu Suwon-gu C and two parcels of land, and the Plaintiff A and B, upon introduction of Nonparty E, intended to resell the instant officetel from the seller.

B. Non-party F and G (hereinafter, “non-party F”) are employees who entered into a service contract for sales support with Non-party H Co., Ltd. (hereinafter, “non-party company”) who is the sales agent of the instant officetel, and were in charge of telephone services at the sales office.

C. The Nonparty filed an application for subscription on April 21, 2014 in accordance with the instant officetel sales notice, and as a result of drawing lots, F won was awarded in 3211; G was awarded in 3208 (referring to 3211 and 3208; hereinafter “each of the instant units”); thereafter, on April 25, 2014, the Nonparty concluded a sales contract between the Defendant Company and the sales contract with each of the instant units at KRW 215,40,000 (each down payment KRW 21,540,000).

Plaintiff

A entered into an oral contract with F on April 25, 2014 to resell 3211 of the purchase price of F, and deposited 21,540,000 won of the down payment to the Defendant. On the same day, Plaintiff B entered into an oral contract with G to resell 3208 of the purchase price of G between G and G on the same day, and deposited KRW 21,540,000 of the down payment to the Defendant’s account in the name of Nonparty I, the wife of Plaintiff B.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 through 4 (including each number; hereinafter the same shall apply), E's testimony, and the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. Since the Plaintiffs did not conclude a normal resale agreement with the Nonparty, they did not have concluded any contract with the Defendant Company, the Defendant is obligated to return the amount of money transferred to the Plaintiffs, as they acquired profits without any legal ground.

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