부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the following modifications or addition of the judgment as stated in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The 2nd to 13th of the judgment of the first instance shall be followed by the following:
“B. The Defendant reported the transaction value of each of the instant lands to KRW 364,40,00 ( KRW 130,000 for Asan City, KRW 130,000 for land D, KRW 145,80,000 for land E, KRW 58,60,000 for land F, KRW 20,000 for land H, KRW 10,000 for land, and KRW 10,000 for land I) (the amount claimed by the Plaintiff to be used as the purchase fund of each of the instant lands exceeds the aggregate of the transaction value reported by the Defendant, which seems to have been confiscated by the Defendant as penalty, part of the down payment paid by the Defendant in 2010 for land.
(i) "";
(b)in the third 12th sentence of the first instance court, the following shall be added:
With respect to the amount of unjust enrichment by the Defendant from the purchase fund of each land of this case, the Plaintiff alleged that it would be KRW 427,64,800 in total at the first instance court (the claim and the cause of the claim as of March 8, 2019) and that it would be KRW 422,14,800 in total by modifying the claim in the first instance court). The difference between the Plaintiff’s claim in the first instance court and this court is as shown in the following table: Provided, That the Plaintiff’s claim and purport of appeal are deemed to be the same as the first instance court, since the Plaintiff did not explicitly reduce the purport of the claim and appeal despite the change of the Plaintiff’s claim, the Plaintiff’s claim and purport of appeal are to be deemed to be equal to the amount of KRW 30,300,000,000,000,000, 300,010, 300,010, 3010, 3010.