부당이득금반환 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff and the defendant B church (hereinafter "the defendant church") are the churches belonging to E religious organizations, and the defendant C is the pastor of the defendant church, and the defendant D is the head of the defendant church.
B. On June 2010, the Plaintiff entered into a loan agreement in the form of providing the instant land, etc. as collateral and paying progress payment to the construction company in a step-by-step based on the actual height of new construction works, in order to raise additional funds while commencing construction works on the ground of G 340.1 square meters of G 340.1 square meters of land scheduled for replotting (hereinafter “instant land”), which is a land scheduled for replotting owned by the Plaintiff (hereinafter “pre-land substitution”).
C. On November 8, 2010, the Plaintiff’s pastor increased the burden of loan holders and the remaining limit of loan amount due to the progress of the new construction of the A.I.D. proposed on November 8, 2010 that Defendant C shall contribute part of the instant land to the Defendant church, but the Defendant church shall purchase the remainder of the land excluding the contribution payment and the newly-built church building at a certain amount.
H and Defendant C concluded on December 6, 2010 a sale contract for the instant land and its ground property as KRW 1.545 billion (the total sum of KRW 200 million in the land purchase price and the construction cost of the church building to be acquired by the Defendant church) and entered into the “sale contract for new assets of the church” (hereinafter “instant sales contract”).
According to the sales contract of this case, 23 of the land of this case (103 square meters) is sold to the defendant church for 200 million won and the remaining 80 square meters are donated.
Since then on December 18, 2010, the construction cost for the New Construction Project of the Addeminy Association increased to KRW 1.83,069,00.
E. On December 23, 2010, the Defendant church completed the registration of ownership transfer on the instant land, and the new church construction corporation completed the registration of ownership transfer on April 201, and registered on the building ledger on April 8, 201.