부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
On May 16, 2014, the Plaintiff and C concluded a sales contract (hereinafter “instant sales contract”) with the effect that “the Plaintiff and C purchase KRW 9,288 square meters (hereinafter “the forest of this case”) of E forest land from Da in Sungsung-si, E in terms of 786,00,000,000 on the same day, and the remainder KRW 78,000 on the same day shall be paid, and the remainder of KRW 708,00,000 shall be paid as remainder (Evidence 1)” and around that time, the Plaintiff paid D deposit KRW 78,00,000 to D.
Upon consultation with D on June 30, 2015, the Plaintiff received a loan of KRW 539,539,000 (hereinafter “Plaintiff’s loan”) from the Ansan Scholarship Saemaul Bank on the security of the instant forest as the debtor, and paid KRW 500 million in total to D’s creditors F and G, respectively, in lieu of the payment of the balance of the instant sales contract with the said loan.
(A) When it was difficult for the Plaintiff to pay the remaining balance after the date of the Plaintiff’s occurrence, the Plaintiff, along with the Plaintiff, requested the Defendant to “the repayment of the loan is responsible for the Plaintiff’s side, and the Plaintiff is paid KRW 30,00,000 upon completion of the development project.” Accordingly, on January 13, 2016, the Defendant borrowed the instant land in the name of the Defendant from the Gyeyang-gu Saemaul Savings Depository (hereinafter “Defendant’s loan”) in the name of the Defendant, and paid KRW 51,868,968 among them to the Plaintiff, KRW 250,000,000,000 to the Plaintiff, each of which was paid KRW 42,50,000,000 to the Plaintiff.
(Evidence B Nos. 2 and 7). On April 8, 2016, the Plaintiff acquired the status of purchaser of the instant sales contract from the Defendant, and the Plaintiff acquired the status of purchaser from the Defendant.
The terms and conditions of the contract of this case (hereinafter “the contract of this case”) were agreed upon, and during that process, the Defendant’s “existing buyer” as the Defendant shall be succeeded to the Defendant who succeeded to the contract of this case due to the Plaintiff’s circumstances.