부당이득금반환
1. The Defendant shall pay to the Plaintiff KRW 6,221,040 as well as 20% per annum from February 11, 2015 to the day of complete payment.
1. Basic facts
A. On November 22, 2004, the Plaintiff entered into a sales contract with C Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the purchase price of KRW 39,200,000 with respect to the forest land D. 648 square meters (hereinafter “instant forest land”).
B. On November 23, 2004, the Plaintiff remitted the total of KRW 70,760,000 in total and KRW 78,560,000 on two occasions on December 3, 2004 to E’s account under the name of E, the representative director of the non-party company, and the total of KRW 70,760,000 in total, on two occasions on December 3, 2004, the Plaintiff received a return from E, excluding the above purchase price of KRW 39,20,000.
C. On December 8, 2004, the Defendant entered into a sales contract with the Plaintiff for KRW 5,880,000 with respect to the instant forest, and on the same day, completed the registration of ownership transfer with respect to the instant forest.
In completing the registration of ownership transfer on the forest of this case, the Plaintiff required KRW 211,680 as registration tax, and KRW 129,360 as acquisition tax.
E. On April 1, 2013, Korea filed a lawsuit against the Plaintiff on the claim for ownership transfer registration based on the restoration of real name with respect to the instant forest land. On July 18, 2013, Gwangju District Court rendered a judgment in favor of the Plaintiff on the grounds that the judgment became final and conclusive on August 6, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Gap evidence Nos. 9 and 10, and the fact-finding results on the head of wooden Dong in this court, the purport of the whole pleadings
2. According to the above fact-finding, the Defendant is obligated to pay to the Plaintiff damages incurred by the Plaintiff’s failure to acquire the forest of this case (i.e., purchase price of KRW 5,880,000, KRW 211,680, KRW 129,360) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 11, 2015 to the date of full payment as sought by the Plaintiff.
As to this, the plaintiff from around 2005 to 2013.