부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasons for the court’s explanation concerning this case are as follows, except for adding the following contents to the end of the 8th judgment of the first instance court, and therefore, it is identical to the reasons for the first instance judgment. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional part of this case (A) asserts that since the Plaintiff used the purchase price of KRW 2.10 million as the price for the new construction of the real estate on the land E-2,00,000 won, which was sold on December 13, 2003, the Plaintiff owned by the Plaintiff, as the price for the new construction of the real estate, the Defendant’s claim for reimbursement of the principal and interest of loan cannot be recognized. However, it is insufficient to acknowledge that the purchase price received through the above sales contract was used as the price for the new construction of the real estate on the ground that the Plaintiff’s evidence and assertion submitted by the Plaintiff was consistent with the new construction of the real estate at the time of the conclusion of the above sales contract, and there is no other evidence to acknowledge that the purchase price received through the above sales contract was used as the price for the new construction of the real estate, barring any special circumstance (i.e., even if the purchase price was used as the price
3) We cannot accept the Plaintiff’s above assertion.
3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.