부당이득금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The defendant is a person who owns several units, such as the G heading (hereinafter referred to as only the number of units, and the same is also applicable to other sections) of the "Ftel" of the Seocho-gu Seoul E and two parcels of land, and D cooperates with the defendant in relation to the management of the above officetels.
C is a person who was in a relationship with D, and the plaintiff is a person of C.
B. D concluded a sales contract with the Defendant on August 18, 2014 on behalf of the Plaintiff and C (hereinafter “Plaintiff, etc.”).
The sales contract (Evidence A No. 5-1) causes KRW 180,000,000 among the down payment, and KRW 18,000,000,000 on the date of the contract, and KRW 25,000 on September 30, 2014, KRW 27,000,000 for the second intermediate payment, October 15, 2014, and KRW 15,00,000 for the remainder, respectively, was paid on October 30, 2014.
Plaintiff
On the same day, the defendant paid 18 million won the down payment to the defendant.
C. However, on September 18, 2014, the Defendant sold Hoho at KRW 150 million to H, and completed the registration of ownership transfer on September 29, 2014.
The plaintiff et al., who was aware of the above sale, paid to the defendant KRW 10 million on October 10, 2014 as an intermediate payment, and KRW 3 million on November 24, 2014.
In addition, the plaintiff et al. paid 18 million won to the defendant on September 29, 2014.
On June 2015, the defendant transferred the registration of transfer of ownership with respect to I to the plaintiff, etc. on June 2015, and completed the registration of transfer of ownership with respect to I to the plaintiff, etc. on June 25, 2015.
In regard to I, the right to collateral security was established in the name of J organization. However, on June 19, 2015, the Defendant, on June 22, 2015, borne the remainder of KRW 11 million by the Plaintiff, etc., and the said right to collateral security was cancelled on the date of the above transfer of ownership, etc.
In addition, the plaintiff et al. acquired the defendant's obligation to return the lease deposit to the lessee of I,5 million won.
[Reasons for Recognition] Unsatisfy, Gap evidence 5, 7, 9, and Eul evidence 2;