부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On May 21, 2004, the Defendant and D concluded a contract with the purchase price of H 13,289 square meters of forest land located in the land transaction permission zone from E, F, and G (hereinafter “instant real estate”) for KRW 880,000,000 in the purchase price (hereinafter “instant contract”). The buyer and the Defendant agreed to pay KRW 80,000,000 for the intermediate payment of KRW 40,000 on the date of the contract, the intermediate payment of KRW 40,000 on June 26, 2004, the remainder of KRW 400,000,000 in the remainder of July 1, 2004.
B. On December 23, 2004, the Defendant and D paid the full payment of the purchase price to E, F, and G, and completed the registration of ownership transfer based on the instant sales contract in the future of the Defendant on December 23, 2004. The Defendant bears each of the KRW 440,000,000, D’s 308,000,000, and the Plaintiffs’ 66,000,000,000 (the remainder of KRW 102,00,000,000).
C. On January 10, 2006, the Plaintiffs and D prepared an anonymous association agreement to the effect that the share of the purchase price in relation to the instant real estate is regarded as a share and each has the rights and obligations as a share, and received the authentication of the deed signed by a private person as stipulated in section 203 of I, a notary public joint office, etc., as follows.
1. (1) Mutual recognition of the contractual parties’ burden of KRW 440 million out of the instant real estate price is as follows:
② It is mutually confirmed that the Defendant shared the remainder of the real estate price of this case with respect to KRW 440 million.
2. The registration title of the instant real estate is mutually recognized as the defendant.
3. (1) The parties to the agreement on the instant real estate recognize that the share ratio stated in the foregoing paragraph (1) was the share to bear their obligations with respect to the instant real estate.
(2) The agreed persons shall mutually have the share stated in paragraph (1) for the proceeds from the use of, profit from, and the expropriation or transfer of, the real estate in this case.