부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. around February 6, 1996, the Plaintiff and the Defendant purchased 1/2 of the purchase cost by adding up each of the above land to 823 square meters and D 1,127 square meters (hereinafter referred to as “instant land”). On February 8, 1996, the Plaintiff and the Defendant completed each registration of ownership transfer on the instant land under Defendant’s sole name as of February 6, 1996.
B. On May 2, 2017, the Plaintiff and the Defendant decided to settle the shares of 1/2 of the instant land, and prepared a written agreement with the following contents, and on the same day, a notary public certified as the E-Dong Law Office, etc. No. 1120 on the same day.
(hereinafter referred to as “instant agreement”). Written agreement
1. The plaintiff and the defendant agreed to jointly purchase the land of this case around February 1996, but the plaintiff was unable to acquire ownership as a U.S. citizen, and the plaintiff renounced the purchase, and the defendant alone purchased the land. It mutually recognizes that the plaintiff lent the purchase price of KRW 97 million to the defendant at the defendant's request.
2. The defendant shall pay to the plaintiff 22,50,000 won at the latest request of the plaintiff, taking into account the interest so far, with respect to the above money borrowed from the plaintiff, at the same time as this agreement is reached, and the plaintiff shall be fully paid to the plaintiff.
3. As the Plaintiff received the above money from the Defendant, the Plaintiff must give up all rights without asserting any rights under any further interest or whatever name with respect to the money loaned to the Defendant in the future, and shall not raise an objection.
C. The Defendant paid KRW 222,50,000 to the Plaintiff according to the instant agreement.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2, 3, 4, 5, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings
2. The Plaintiff’s assertion that the market price was KRW 1,500,000 per square meter around 2017, and the instant land was already the Defendant’s sole name.