부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On March 23, 2001, the Plaintiff and the Defendant acquired a large amount of 300.1 square meters (hereinafter “instant real estate”) from Daejeon Seosung-gu, Daejeon in 252.450,000, and completed the registration of the transfer of ownership by 1/2 co-ownership.
On August 24, 2011, the Plaintiff and the Defendant sold the instant real estate in KRW 540,000,000 to D, and completed the registration of transfer of ownership on November 10, 201.
As to the transfer of the instant real estate, each transfer income tax of KRW 29,596,160 on January 30, 2012 was generated to the Plaintiff and the Defendant.
[Ground for recognition] Unsatisfy, entry of Gap's evidence 1 to 3, the purport of the whole pleadings
2. The plaintiff's assertion merely received 70,000,000 won from the defendant among the real estate resale price of this case, and sought payment of KRW 187,953,840 from the defendant's unjust gains (i.e., purchase price of KRW 540,00,000 - purchase price of KRW 252,450,00 - Transfer income tax of KRW 29,596,160 - Claim of KRW 70,000,000) or KRW 185,201,920 [the purport of the claim amount of KRW 540,00,000 - KRW 29,596,160)/2-70,000,000, and from December 9, 2020].
3. Determination
A. On September 5, 1996, the real estate of this case was established with the maximum amount of KRW 196,00,000 (the actual secured debt of KRW 152,00,000) as the beneficiary of the E Union, as the beneficiary of the right to claim, on which the real estate of this case was recognized. However, on April 4, 2001, the Defendant acquired the debtor status of the above secured mortgage, and the said secured mortgage was cancelled on February 7, 2004.
On November 23, 2004, the Plaintiff set up a right to collateral security of KRW 196,00,000 with respect to the instant real property to FF associations, and was loaned KRW 140,000,000 on November 26, 2004.
From January 24, 2005 to March 21, 2005, the Plaintiff remitted total amount of KRW 8,700,000 to the Defendant three times.
On March 13, 2007, the Plaintiff created a collateral security of KRW 84,000,000 with respect to the instant real property to FF unions, and was loaned KRW 60,000,000 on April 13, 207.
On November 24, 2009, the Plaintiff set up a collateral security of KRW 52,00,000 with respect to the instant real property to FF unions.