양수금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. On March 11, 1994, D Co., Ltd. completed the registration of ownership transfer on each land listed in the separate sheet as the reason of sale and purchase, and around that time, D Co., Ltd. sold the instant housing E-ho (the land listed in paragraph (4) of the separate sheet was planned as the passage of the instant 7-household housing) to the Defendant in the process of selling the instant housing E-ho (the instant land share 43.13 square meters) of this case’s land on each land listed in the separate sheet No. 2 and paragraph (3) of reinforced concrete slab roof 4th floor (hereinafter “instant housing”) on each land listed in the separate sheet No. 2 and paragraph (3) of the attached list.
B. D Co., Ltd completed the instant housing and delivered each of the instant housing to the buyer, but the registration of ownership preservation was not completed on March 22, 2002, and D Co., Ltd started the voluntary auction procedure on each of the lands listed in the separate sheet, and F purchased each of the above lands at the above auction procedure and completed the registration of ownership transfer on March 27, 2003.
C.F on July 24, 2003, completed the registration of ownership transfer for 1/15 shares of each land listed in the separate sheet to G on July 24, 2003.
On November 18, 2013, F entered into a sales contract with the Plaintiff to sell 14/15 shares of each of the lands listed in the separate sheet for KRW 140 million. On January 16, 2014, F completed the registration of ownership transfer for each of the lands listed in the separate sheet for KRW 14/15 shares to the Plaintiff.
E. On November 2014, the Plaintiff filed a claim against the buyers of each of the instant housing units, including the Defendant, for return of unjust enrichment on the ground of the unauthorized occupation and use of each of the lands listed in the separate sheet, the Changwon District Court No. 2014Ka25163, supra.