부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On August 2, 2007, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with C and D (hereinafter “D”) on the lease deposit amount of KRW 100 million, KRW 500,000 per month, and the lease period of October 15, 2007, with respect to G buildings H or I located in Seongbuk-gu E and F (hereinafter “instant store”).
B. 1) Conclusion of a real estate disposal trust contract
(2) On October 5, 2007, J originally concluded a real estate disposal trust agreement (hereinafter “instant real estate trust agreement”) with the Defendant and the Defendant for the instant commercial building on the same day, and transferred the ownership of the instant commercial building to D, and entered into a contract for the transfer of beneficial rights with L Co., Ltd (hereinafter “L”) and the instant commercial building (hereinafter “instant beneficial rights transfer agreement”).
C. The Plaintiff’s purchase 1) L L is a sales agent company N (hereinafter “N”) operated by M around July 16, 2009.
(2) On November 17, 2009, the Plaintiff entered into a sales contract with the Defendant for the sales price of H/O as KRW 415,400,00 (excluding value-added tax 29,078,000) with respect to H/O among the instant stores, and entered into a sales contract with the Plaintiff for the sales price of KRW 397,30,000 (excluding value-added tax 27,81,000) with respect to P/O among the instant stores.
(F) On October 13, 2019, the Plaintiff (hereinafter “instant sales contract”) with the Defendant’s account.