부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court of first instance’s explanation concerning this case is as follows, in addition to the determination of the Plaintiff’s assertion added in the court of first instance, and thus, it is consistent with the reasoning of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 4
2. Parts to be determined additionally
A. The Plaintiff’s assertion C suggested that the Plaintiff jointly invest and purchase the instant land, and the Defendant belonged to the Plaintiff as if the Plaintiff was the seller of the instant land. Accordingly, the Plaintiff had the Defendant mistaked the Defendant as the seller of the instant land, remitted KRW 100 million to the Defendant’s account.
However, the defendant was merely a general creditor of C unrelated to the land of this case.
The defendant also conspiredd or aided the above deception of C.
The plaintiff's expression of intention by fraud or by mistake shall revoke the defendant's payment of KRW 100 million.
Therefore, the defendant is obliged to pay KRW 100 million and delay damages to the plaintiff.
B. Determination 1) The Plaintiff’s act of remitting KRW 100 million to the account under the name of the Defendant, which the Plaintiff directed upon C upon C’s request, is not a juristic act between the Plaintiff and the Defendant, and thus, it cannot be subject to revocation by fraud or mistake. Accordingly, the Plaintiff’s assertion premised on this premise is without merit. 2) Even if the Plaintiff’s assertion decides to revoke the Plaintiff’s investment agreement with respect to C by fraud or mistake, where a party to a contract reduced the process of performance due to the instruction of the contracting party, etc., and directly pays to a third party who has a different contractual relationship with the other contracting party (the case where the payment was made in a deceptive relationship), and the payment was made to the other party to the contract as well as to the other party to the contract.