부당이득금
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.
1. The scope of the trial at this court is primarily claimed in KRW 20,990,950 as compensation for damages arising from the cancellation of the agreement by tort or the Defendant’s deception and the claim for return of unjust enrichment. In addition, the judgment at the court of first instance is dismissed as the primary claim, and the judgment citing the amount of KRW 3,302,00 as part of the conjunctive claim and the damages for delay thereof, and only the Defendant appealed as to the conjunctive claim, and the Plaintiff is incidental to the conjunctive claim. Thus, the scope of the trial at this case is limited to the conjunctive claim (including the part extended by the court of first instance).
2. Basic facts
A. The Plaintiff and the Defendant jointly shared shared expenses (i.e., 1/2 each), and purchased a 12,040 square meters of forest C in Chang-gun, Chungcheongnam-gun (hereinafter “instant land”) and decided to jointly cultivate them.
B. Accordingly, on June 25, 2015, the Plaintiff and the Defendant completed the registration of ownership transfer based on sale on June 19, 2015 with respect to one half of the instant land.
C. The Defendant led the construction related to the instant land cultivation (hereinafter “instant construction”). The Plaintiff transferred expenses incurred from the instant construction to the Defendant or a third party designated by the Defendant (hereinafter “Defendant, etc.”).
On May 16, 2016, the head of Seocho-gu having jurisdiction over the instant land issued a demand order to reinstate the instant land on the ground that the Defendant’s husband D, who actually led the instant construction without obtaining permission for development activities, was changing the form and quality of the instant land without permission from the competent authority. Since D, without permission from the competent authority, was indicted for violating the National Land Planning and Utilization Act with a view to changing the form and quality of the land by cutting and filling up approximately 10 meters of the instant land among the instant land, which is a water source protection area, at a height of about 10 meters, and was first charged with the Chang-gu District Court branch branch.