전부금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On May 8, 2017, C Co., Ltd. (hereinafter “C”) agreed with the Defendant to pay a total of KRW 190 million to the Defendant as follows:
(A) A, a letter of payment, and an agreement under the said letter of payment (hereinafter referred to as the “instant agreement”) - C agrees to purchase and develop 90 million won borrowed from the Defendant and 2380 square meters (hereinafter referred to as the “instant land”) prior to D, Chungcheong-gun, Chungcheongnam-gun, the Defendant agreed to purchase and develop 380 square meters (hereinafter referred to as the “instant land”) and pay 190 million won in total, including 10 million won in consolation money or premium.
- The above KRW 190 million shall be paid at the same time when the land category is changed to a road or at the same time as delinquent contributions have been made to the voice group prior to the construction permit.
- The defendant will provide a written consent to land use for road construction.
C on June 21, 2017, in accordance with the instant agreement, paid KRW 140 million out of the above KRW 190 million.
C On June 17, 2017, upon preparing a notarial deed stating that the Plaintiff borrowed KRW 400 million from the Plaintiff, and that the notary public shall accept compulsory execution in the event of failure to perform his/her obligation under the above notarial deed as the notarial deed No. 614 prepared by the notarial deed No. 2017, and deliver it to the Plaintiff.
The Plaintiff’s title with C as the title of execution of the said Notarial Deed on May 8, 2017, in order for C to purchase and develop an amount of 2,380 square meters prior to D, Chungcheong-gun, Chungcheong-gun, the Defendant, on behalf of the Defendant, and provided C with a written consent for land use in order for C to contribute money to the voice group if the land category is changed due to the road construction of the said land and the land category is changed to a road, the Plaintiff is the instant case where C paid money to the Defendant under the pretext of consolation money or the premium to return unjust enrichment with C as compensation or unjust enrichment with respect to the case where C paid money to the Defendant.