부당이득금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the cited portion of the plaintiff's claim shall be revoked.
1. Facts of recognition;
A. The Plaintiff is a corporation established on May 27, 2015 for the purpose of real estate sales business, real estate sales agency, etc.
The defendant is the plaintiff's auditor and the plaintiff's in-house director C's partner.
B. The Plaintiff intended to purchase the E 218 square meters and F 1,983 square meters (hereinafter collectively referred to as “instant land”) in the time of Jinjin-si owned by D, but part of the said land constitutes farmland and could not be acquired in the Plaintiff’s name as a juristic person.
Accordingly, the Plaintiff agreed with the Defendant to purchase the land of this case under the name of the Defendant.
On December 24, 2015, the Defendant entered into a contract with D to purchase the instant land at KRW 333 million from D (hereinafter “instant contract”).
C. The Plaintiff paid to D, on December 24, 2015, KRW 30 million, and KRW 143 million out of the remainder on February 26, 2016.
On February 26, 2016, the Defendant completed the registration of the establishment of a neighboring mortgage (hereinafter “Asan Bank”) for the instant land, which is KRW 28 billion with the maximum debt amount, the Defendant, the Defendant, and the Korea Mutual Savings Bank Co., Ltd. (hereinafter “Asan Bank”), and paid the remainder of the instant land with KRW 160 million loaned from the said Savings Bank (hereinafter “Asan Bank loans”).
D On February 26, 2016, the defendant completed the registration of ownership transfer on the land in this case.
On August 24, 2016, the Defendant sold the instant land in the amount of KRW 350,000,000 for purchase price, and completed the registration of ownership transfer on the said land to the said corporation on October 21, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3 through 6, 10 evidence, Eul evidence 1-3, and the purport of the whole pleadings
2. Whether to return unjust enrichment
A. The plaintiff alleged that the plaintiff purchased the land of this case from D and decided to be the defendant with the registration name, which is three parties.