부당이득금
1. Of the judgment of the court of first instance, part of the claim for the payment of KRW 30 million and its delay damages against the defendant C by the plaintiff B.
1. Facts of recognition;
A. Co-ownership and partition 1) Defendants, F, and G (not less than 5 successors) are collectively named 5 successors, and “heirs”.
) H, in the form of eternity P (hereinafter referred to as “P”).
(2) On June 22, 2010, in order to enter into a sales contract that is seen earlier, 1/6 shares of 24,516 square meters and 38,967 square meters in the J salt farm. On June 22, 2010, in order to enter into the first sale contract, 10,516 square meters in the I salt farm and 13,936 square meters in the K salt farm, H owned the 10,580 square meters in the I salt farm on the same day, and 10,580 square meters in the I salt farm on the same day, after dividing it into co-owned property on the same day, H owned the 38,967 square meters in the J salt farm, and 13,936 square meters in the K salt farm (hereinafter referred to as “P salt farm”).
If two lands are combined, 16,00 square meters
(2) On June 14, 2013, the heir completed the registration of ownership transfer by selling 10,580 square meters in 1.14 billion square meters in 1.5 square meters in 1/5 shares to the heir, and H completed the registration of ownership transfer by selling 10,580 square meters in 1,144,000 square meters in 1.1 billion won in 1/50.
3) The successors shall be M (hereinafter “M”) in the time of harmony.
(B) On December 2, 2011, L maintained 203, 169.5/307, 285 shares were jointly owned with L maintained 203,163 square meters, and L was divided into 12 land including L maintained 8,675 square meters. (B) On March 3, 2010, Plaintiff A entered into a sales contract with Defendant C, D and I before division, and J 16,30 square meters of total amount of 16,300 square meters (hereinafter “the first sales contract”). The main contents are as follows.
Article 1 Basic Principles of Contracts
1. A (referring to Defendant C and D; hereinafter the same shall apply) and B (referring to the Plaintiff A; hereinafter the same shall apply) shall enter into a sales contract with the knowledge that the land which is an object of sale permission is the area where the development permission is granted and the owner on the register is A and the said land is seized and the progress of auction is suspended by the beginning of March;
2. At the same time with the contract, the consent to land use and the certification of seal impression needed when the application for the permission and approval of modification to the above land is made available to B.
4. The seizure of the above land.