부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts may be found in each entry in Gap evidence 1 and 4 (including paper numbers), either in dispute between the parties, or in full view of the purport of the entire pleadings.
On April 20, 2016, the Plaintiff entered into a sales contract with the Defendant to purchase the purchase price of KRW 430,000,000 of the Defendant’s share (hereinafter “instant share”) in each land listed in the separate sheet (hereinafter “instant land”) as indicated in the separate sheet (hereinafter “instant land”). On the same day, the Plaintiff paid KRW 40,000,000 to the Defendant for the remainder of KRW 390,000 on the day, and paid KRW 40,000 to the Defendant for the remainder of KRW 390,000 by July 10, 2016.
B. At the time of the instant sales contract, the registration of the establishment of a neighboring mortgage (No. 58227, Nov. 25, 2005) and the registration of the creation of superficies (No. 5828, Nov. 25, 2005) was completed with respect to the instant shares as the Defendant agreed to cancel each of the above registrations (hereinafter “registration of the instant collateral security and superficies”) at the same time at the time when the ownership transfer against the Plaintiff was registered.
C. On December 15, 2016, the Defendant concluded a sales contract with C for the instant shares, and completed the registration of ownership transfer to C on February 21, 2017.
2. Summary of the parties’ assertion
A. The gist of the Plaintiff’s assertion is that the Defendant completed the registration of ownership transfer for the instant shares to C, thereby making it impossible to perform the Defendant’s obligation to register ownership transfer for the Plaintiff according to the instant sales contract. Since the Plaintiff expressed his intent to cancel the instant sales contract by serving the duplicate of the complaint against the Defendant, the Defendant, as a reinstatement, is obligated to refund KRW 40,000,000 to the Plaintiff and compensate the Plaintiff for damages equivalent to the said amount (the estimate of the amount of damages and the claim for the express part of the actual amount of damages).
(b).