부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 12, 2017, the Plaintiff prepared a sales contract with a content that he/she purchases the land D (hereinafter “instant land”) in the purchase price of KRW 70 million (the contract amount of KRW 40 million on the date of the sales contract, the remainder of KRW 30 million on April 27, 2017, and the purchase price of the said land in the purchase price column of “A and one other” are written in the purchase price column of the said sales contract.
(hereinafter “instant contract”). (b)
The Plaintiff paid KRW 40 million on April 12, 2017, which was the date of the above sale and purchase contract, and KRW 30 million on April 27, 2017, which was the remainder payment date.
C. On May 2, 2017, the ownership transfer registration for the instant land was completed on the grounds of sale as of April 12, 2017 in the name of the Defendant at the owner C on May 2, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the cause of the plaintiff's claim is as follows.
In other words, the plaintiff and the defendant agreed to purchase the land of this case in joint name.
However, upon the arrival of the remaining payment date of the above contract, the defendant made a joint registration of the above land in the name of the plaintiff, and made the plaintiff bear the whole purchase price of the above land, made a sales contract with C, and completed the registration of ownership transfer under the name of the defendant alone.
Although the Plaintiff did not agree to purchase the above land under the sole name of the Defendant, the Defendant acquired the ownership of the above land solely by the Defendant.
Ultimately, without any legal cause, the Defendant is equivalent to KRW 8.9 million paid on April 27, 2017, including the purchase price of the above land, KRW 70 million and the registration cost, and KRW 100,000,000,000 paid to the Defendant under the name of rent, KRW 1,000,000 used by the Defendant at will, and KRW 1,00,000 used by the Defendant without permission.