부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 12, 2005, the Plaintiff entered into a sales contract with Hyundai Land Development Trust Co., Ltd. (hereinafter “Nonindicted Company”) and with respect to KRW 912 square meters of forest C in YY-si (hereinafter “instant land”) owned by the Nonparty Company, with regard to purchase price of KRW 115.9 million, and payment of KRW 5 million of the remainder payment date on September 14, 2005 (hereinafter “instant sales contract”).
In addition to directly remitting sales balance to the account of the non-party company, the Plaintiff transferred 56,98,800 won (including acquisition tax and special rural development tax) to the account of the non-party company (including 2,498,800 won) that was an employee of the non-party company who recommended the sales contract of this case.
The provisional attachment registration of KRW 437,967,30 (re-registration on July 26, 2006), the provisional attachment registration of KRW 437,967,300 on June 22, 2006 (re-registration on April 30, 2009), the provisional attachment registration of KRW 201,780,00 on December 13, 2006 (re-registration on November 17, 2008), the registration of provisional attachment of KRW 201,780,000 on February 2, 2007 (re-registration on November 17, 2008), the registration of the establishment of the mortgage registration of KRW 1 billion on February 2, 2007 (re-registration on February 18, 2007), the maximum debt amount of KRW 437,967,300,000 on August 30, 2013, respectively.
【Ground for recognition】 The fact that there has been no dispute, each entry of Gap 1-3, 5-8 evidence, and the purport of all pleadings
2. The assertion and judgment
A. The main point of the Plaintiff’s assertion is that the sales contract of this case was cancelled upon the Plaintiff’s declaration of intent to cancel the contract on May 27, 2016, since the non-party company offered the land of this case as security or completed provisional attachment registration, etc. on the land of this case, or the non-party company expressed its intent to refuse the execution.
Therefore, the non-party company shall return the purchase price received from the plaintiff as a result of restitution, and the duty of restitution is a return of unjust enrichment.