부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The scope of this court’s trial is that the Plaintiff primarily claims the Defendant for restitution of unjust enrichment and claims for damages arising out of tort, such as the statement in the purport of the claim. This is a claim compatible with the nature of the claim, which is substantially selective consolidation as it does not have a preliminary relationship within the original meaning.
However, the first instance court dismissed both the plaintiff's main claim and the conjunctive claim. Accordingly, the plaintiff raised an appeal against the conjunctive claim as stated in the purport of the appeal. The subject matter of this court's adjudication is limited to the part concerning such conjunctive claim (see Supreme Court Decision 96Da99, Jul. 24, 1998). 2.
A. On May 3, 2005, the Plaintiff entered into a sales contract with the Defendant to sell 1/2 shares of KRW 87,500,000,000,000, out of KRW 2316,000,000 (hereinafter “instant land”). On June 21, 2005, the Plaintiff entered into a sales contract with the Defendant and the instant land to sell the entire land including the remaining 1/2 shares in KRW 162,50,00,000,000,000.
(hereinafter referred to as “each of the instant sales contracts” under the said sales contracts. B
On the other hand, as to the land of this case, the Suwon District Court Law No. 60209, May 10, 2005, the Plaintiff completed the registration of the establishment of a neighboring mortgage with the debtor, the mortgagee, the defendant, and the maximum debt amount of KRW 200 million, and the registration of the establishment of a neighboring mortgage with the debtor, the mortgagee, the defendant, and the maximum debt amount of KRW 200 million as of July 18, 2005 (hereinafter referred to as the “each of the instant collective security interests”).
C. On April 2010, the Defendant, based on each of the instant collective security rights, intended to exercise the security right to the instant land.