부당이득금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 2-1 and 2, and there is no counter-proof.
As of September 15, 2005, the Plaintiff drafted a sales contract with Nonparty C to purchase each real estate listed in the separate sheet (hereinafter “instant real estate”) in the purchase price of KRW 85,00,000,00.
B. On October 11, 2005, the Defendant completed the registration of ownership transfer on October 11, 2005 for each of the instant real property.
C. On October 15, 2007, the Defendant completed the registration of ownership transfer on October 15, 2007 with respect to the instant real estate to Nonparty D on the ground of sale.
2. Determination
A. The plaintiff's assertion that at the time of the purchase of the real estate of this case, the plaintiff paid 35,00,000 won to the non-party C, and the remaining 50,000,000 won remaining after the loan was granted and the registration of transfer was made in the name of the defendant, and the plaintiff paid interest on the above loan. Thus, the real owner of the real estate of this case is the plaintiff, and since the defendant sold the real estate of this case to the non-party D, the defendant is obligated to return the amount of 35,00,000,000 won paid by the plaintiff at the time of the purchase of the
As to this, the defendant borrowed 16,50,000 won from the plaintiff at the time of purchasing the real estate of this case. The defendant borrowed 50,000,000 won from the plaintiff, and paid 16,50,000 won borrowed from the plaintiff, so the real estate of this case is not the actual owner of the plaintiff, and there is no obligation to return 35,00,000 won to the plaintiff.
(b) The following facts of recognition do not conflict between the parties, or set forth in Gap evidence 7, Eul evidence 8-1 to 4, Eul evidence 1, Eul evidence 2, Eul evidence 3, Eul evidence 5, and Eul evidence 6.