대여금
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance, except where the defendant added a judgment on the argument at the trial in paragraph (2). Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the Defendant’s preliminary counterclaim
A. The Plaintiff and the Defendant jointly purchased the instant land, and agreed to complete the registration of ownership transfer under the Plaintiff’s name, and the Defendant paid to the Plaintiff KRW 643,00,000 as the purchase price of the instant land from January 25, 2008 to July 13, 2009. As long as the title trust agreement between the Plaintiff and the Defendant becomes null and void, the Defendant should return KRW 643,00,000 equivalent to the purchase price to the Plaintiff as unjust enrichment.
Therefore, the defendant set off against the plaintiff's loan claim with unjust enrichment return claim against the plaintiff.
B. The facts that the Plaintiff and the Defendant jointly purchased the instant land on January 2008 and completed the registration of ownership transfer in the Plaintiff’s name, taking into account the Defendant’s position that real estate development business was conducted, and that the Defendant paid KRW 480,000 to the Plaintiff from January 25, 2008 to March 31, 2008 may be acknowledged by taking into account the overall purport of the pleadings as a whole, either the Plaintiff is the Plaintiff or the Plaintiff paid KRW 480,000 to the Plaintiff as the purchase price for the instant land, and the fact that the Plaintiff completed the registration of ownership transfer in the Plaintiff’s name on September 23, 2008 after the Plaintiff entered into a sales contract with the seller.
According to the above facts of recognition, the Plaintiff concluded a sales contract on the instant land in accordance with the contract title trust agreement with the Defendant, and completed the registration of ownership transfer in the Plaintiff’s name. Therefore, the Plaintiff is unjust enrichment of KRW 480,000,000 equivalent to the purchase price provided by the Defendant under an invalid contract title trust