부당이득금
1. As to the Plaintiff’s KRW 323,769,00 and KRW 223,769,00 among them, Defendant B (Appointed Party) from June 20, 2017.
Basic Facts
The plaintiff in relation to the parties is the friendship of defendant C, and the defendants are the husband and wife's death.
From 1995 to 2007, the money between the Plaintiff and the Defendant had been recorded in the attached Table 2 from 1995 to 2007.
In around 2003, the Plaintiff, along with the Defendants, decided to invest in the Busan Shipping Daegu D Apartment No. 14 E (hereinafter referred to as “D apartment”).
On January 22, 2003, Defendant B entered into a contract to purchase D apartment units of KRW 603,900,000,000. From January 22, 2003 to April 27, 2007, Defendant B paid the seller (F Co., Ltd.) a total of KRW 656,745,609 (=the sales amount of KRW 603,90,000 intermediate payment interest of KRW 52,845,609).
D The registration of ownership transfer was completed on July 11, 2007, which was received by the Busan District Court's Dong Branch, as the case No. 54011, on apartment building No. 5401.
The defendants paid KRW 25,743,690, KRW 14,81,200, property tax, KRW 723,120, and KRW 1,170,000.
The Plaintiff invested in the right to sell G Apartment-gu G Apartment H (hereinafter referred to as “G apartment”) requested Defendant C to purchase the right to sell G apartment-gu G apartment H (hereinafter referred to as “G apartment-gu”).
On behalf of the plaintiff, the defendant C purchased the G apartment sales right from I on June 28, 2002 from 19,000,000 won (the contract amount of KRW 10,200,000, premium of KRW 8,000,000, and real estate brokerage commission of KRW 800,000) and sold on behalf of the plaintiff to J on August 11, 2004.
On August 13, 2004, Defendant C remitted KRW 10,600,00 to the Plaintiff as the sales price for G apartment.
The Plaintiff paid 70,000,000 won to Defendant B on March 5, 2009, and 30,000,000 won on May 26, 2009.
[Ground of recognition] A without dispute, Gap evidence Nos. 1, 4, 18, Eul evidence Nos. 7, 10, 17, and 31 (including serial numbers), and K Bank's order to submit financial transaction information as of Apr. 21, 2016 to K Bank, the result of the order to submit financial transaction information as of Feb. 23, 2017 to L;