부당이득금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff transferred each of the KRW 45 million, in total, to the Defendant’s account on July 19, 2016, KRW 500,000,000,000 on July 26, 2016, and KRW 45 million on August 11, 2016, among the KRW 72,375 square meters of farmland in Hongcheon-gun, Gangwon-do (hereinafter “C”), and KRW 63,034 square meters of D forest (hereinafter “D”).
B. As of November 15, 2016 between the Plaintiff and E Co., Ltd. (the representative F, hereinafter “Non-Party Co., Ltd.”) (the “Non-Party Co., Ltd.”), a sales contract with a content that the Plaintiff purchases 611 square meters (200 million square meters) among Co., Ltd. (the Plaintiff’s non-Party Co., Ltd.) for KRW 30 million from the Non-Party Co., Ltd., and a sales contract with a content that G purchases 3205 square meters (1,000 square meters) among Non-Party Co., Ltd. as of November 15, 2016 between G and Non-Party Co., Ltd. and Non-Party Co., Ltd
C. C: From the name of H on December 19, 2016 to December 15, 2016 to the name of the Republic of Korea on the grounds of sale on December 15, 2016; D, from the name of H on September 26, 2017 to the name of the Republic of Korea on the grounds of sale on September 26, 2017, each transfer of ownership was completed under the name of the Republic of Korea.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 2 (including additional number), the purport of the whole pleadings
2. The parties' assertion
A. The Defendant, either alone or jointly with the representative F of the non-party company, purchased the above land from the non-party company without the authority or ability to sell the land C or D, and deceptioned the purchase of part of the above land in the development plan I and J, and paid KRW 45 million to the Defendant.
Therefore, the defendant is obligated to pay the plaintiff the damages amounting to 45 million won and the damages for delay due to the tort.
B. The plaintiff directly purchased part of the above land from the non-party company by introducing it to the plaintiff after becoming aware of F that the forest project is conducted on the land C and D through the defendant branch. However, the defendant includes the plaintiff for convenience upon the request of F.