대여금
1. The following payment is made with respect to the part concerning the claim for return of unjust enrichment among the part concerning the counterclaim against the judgment of the court of first instance.
1. In the first instance court’s trial scope, the Plaintiff filed a claim for a loan of KRW 60 million against the Defendant as the principal claim, and the Defendant filed a claim for a return of unjust enrichment of KRW 448,504,753 against the Plaintiff as the counterclaim, and for the cancellation of the registration of creation of a mortgage over the instant real estate. The court of first instance dismissed the Plaintiff’s claim in entirety, and partly accepted the Defendant’s claim for a return of unjust enrichment among the Defendant’s counterclaim, and accepted the Defendant’s claim for a cancellation of the registration of creation
As a result, only the plaintiff appealed against the part against the plaintiff among the part against the counterclaim of the judgment of the court of first instance, the actual object of the judgment of this court is limited to the part against the plaintiff among the part against the counterclaim of the judgment of the court of first instance.
2. Basic facts
A. On January 6, 1965, the Plaintiff is the deceased on December 6, 1983 (the deceased on December 6, 1983, hereinafter “the deceased”).
The deceased and the deceased were married with each other, and the Defendant, son, M, N,O, P (the name of Q on April 25, 2006, hereinafter referred to as “ Q”) as a child between the deceased and the deceased.
) In the aggregate, R (hereinafter referred to as “L, etc.”) six persons other than the Defendant.
2) On the other hand, I was the deceased’s siblings and the well-being of the defendant born between the deceased S (Death on July 18, 1970) and the deceased T (Death on July 18, 1970).
B. During the period from August 7, 2002 to August 31, 2006, the Plaintiff was merged into the Korea National Housing Corporation and the Korea Land Corporation on October 1, 2009 under the name of the Defendant by using the Defendant’s seal impression marks, identification cards, etc. as indicated below (Attachment 1). The Korea National Housing Corporation and the Korea Land Corporation were merged into the Korea Land and Housing Corporation. The shares of each land owned by the Defendant (hereinafter “instant land”). The shares of each land owned by the Defendant (hereinafter “instant land”).
2) After the Korea National Housing Corporation entered into an agreement on the acquisition of public land, the sum of compensation for the instant compensation land at will by the Korea National Housing Corporation (hereinafter “instant compensation”).
The receipt was made.
3.2