부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 24, 2004, the Plaintiff entered into a loan agreement for consumption that lends KRW 500 million to Nonparty C Co., Ltd. (hereinafter “C”).
B. Nonparty D and E paid the following money to C:
D on April 30, 2004 KRW 50 million for D, and KRW 30 million for E, respectively, 100 million for D and E on May 3, 2004
C. On May 28, 2004, the Defendant concluded a loan agreement for consumption (hereinafter “the loan agreement of this case”) with the effect that the Defendant lent KRW 400 million to C 5% of interest per month (payment on May 28, 2004), and on August 3, 2004, each real estate indicated on the attached real estate as collateral (hereinafter “each of the real estate of this case”) with the Plaintiff and Nonparty F as the right holder, for the provisional registration of the right to claim for ownership transfer registration under the pre-sale agreement with the Plaintiff and the right holder.
On July 13, 2004, the Defendant remitted KRW 25 million from the Defendant’s married G’s account to D’s account.
E. On June 15, 2005, C entered into an settlement agreement with the Plaintiff and the Defendant with respect to the repayment of the borrowed amount to each of them (see evidence 6-1, 2, hereinafter “instant settlement agreement”) as follows.
1) C and H shall repay to the Plaintiff KRW 152,00,000 to the Defendant not later than June 23, 2005, KRW 124,00,000 to the Defendant by June 30, 2005.
F. On May 23, 2008, H sold Nos. 1, 2, 4, and 101, 301, and 301 (the instant real estate 15, 16, 18, 19, and 22) of the instant real estate located in Songpa-gu Seoul, Songpa-gu, Seoul, and paid to the Plaintiff KRW 451,386,155 (hereinafter “the instant sales price”).
(g) The Plaintiff paid KRW 150 million to the Defendant on May 30, 2008 and KRW 150 million on June 5, 2008 (hereinafter “instant payment”) in accordance with the Defendant’s assertion that he/she had the right to KRW 150 million out of the instant sales price under the instant settlement agreement.
(See Evidence A 7). (See Evidence A) / [Grounds for recognition] A.