부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or may be found as a whole by taking account of the overall purport of the pleadings in the descriptions of Gap evidence 1 to 4, Gap evidence 7, Eul evidence 8, Eul evidence 1 and Eul evidence 2 (including each number in case of additional evidence).
1) The forest land 23,572m2 (hereinafter referred to as “forest land before the instant partition”) in Pyeongtaek-gun, Gangwon-do is located.
(2) On December 14, 2004, the Plaintiff’s forest land of this case is 22,242 square meters (hereinafter “the forest land of this case”).
(2) Of the instant forest land before the instant partition, the Plaintiff owned the remainder 1,700/23,700/23,700 shares of the Plaintiff, and the remainder 15,246/23,700 shares of the Plaintiff among the instant forest land divided into KRW 15,246/23,70 on April 3, 2009, the ownership transfer registration was completed under the Defendant’s name (hereinafter “the instant ownership transfer registration”) on February 3, 2009 with respect to the Plaintiff’s shares of KRW 15,246/23,70.
B. A construction contract 1) On August 30, 1999, the Plaintiff entered into an agreement with G on the part 1,000 square meters abutting on the road among the forests and fields in the instant case before the instant partition with G, and entered into a contract with F, the part 1,000 square meters abutting on the road among the land created, the Plaintiff divided the part 9,322 square meters abutting on the national highway, and the remaining part 6,205 square meters in the form of transfer of ownership to G in lieu of the payment of the construction cost. 2) The Plaintiff entered into a contract with the Defendant on March 1, 200 with the purport that the Defendant will take over the status of G as stipulated in the said paragraph 1 (hereinafter “Agreement”) with the Defendant on March 1, 200 (hereinafter “the Plaintiff’s agreement on March 1, 200), and accordingly, the Plaintiff provided the land and fields to the Defendant on March 24, 2009 and the Plaintiff’s land division as the Plaintiff’s surveying 3324.
Provided, That the area and location shall be in attached Form.