부당이득금반환
The plaintiff's appeal and the plaintiff's additional claim are all dismissed.
after the filing of an appeal.
1. The grounds for this part of the basic facts are as follows: “The purchase price of this case is KRW 1,340,000,000 (hereinafter “the purchase price of this case”) from Part 2 to Part 13 of the judgment of the court of first instance; “The purchase price of this case is KRW 1,340,000” from Part 2 to Part 17; “The purchase price of this case is KRW 1,340,000,000 (hereinafter “the purchase price of this case”) from Part 1,340,00,000 out of the purchase price; “The price of this case is KRW 1,340,00,000 (hereinafter “the purchase price of this case”); the Plaintiff’s money paid as stated in Part 4, 3,000,000 after Part 4, 9 of the judgment of first instance was added; thus, the Plaintiff deposited this case’s account into the account of this case pursuant to the main sentence of Article 420 of the Civil Procedure Act.
The Plaintiff directed the Defendant only the payment of KRW 1,291,04,370, including the sum of the purchase price of the I Commercial Building KRW 946 million, taxes due to the purchase of I Commercial Building KRW 54,59,00, and capital gains tax on E Commercial Building KRW 23,445,370, such as capital gains tax, KRW 45,000,000 for lease deposit of E Commercial Building; KRW 45,000 for repayment of debt to D; KRW 5,000 for the Defendant; KRW 5,00,000 for the donated amount to K; KRW 1,291,04,370 for the sum paid to C.
The Defendant arbitrarily used or consumed the remainder of 48,995,630 won, excluding the money that the Plaintiff ordered to pay as above, out of the purchase price of this case.
Therefore, the defendant should return to the plaintiff 48,995,630 won as unjust enrichment.
3. The reasoning for this part of the judgment of the court of first instance is as follows, except for the dismissal of the judgment of the court of first instance as follows, since the reasoning for this part is the same as that for the first instance judgment from 5th to 7th below, and therefore, it is acceptable in accordance with the text of Article 420 of the Civil Procedure Act
Once the judgment of the court of first instance is rendered, the first to fourth shall be as follows.