부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's ground of claim
A. In around the end of 2002, the Plaintiff sold to the Defendant approximately KRW 300,00,000, the share held in title trust to D, in the amount of KRW 150,000, the Plaintiff sold the purchase price to D.
Accordingly, around October 2002, the Defendant paid to the Plaintiff KRW 100 million out of the account under E’s name as part of the purchase price twice, and completed the registration of ownership transfer with respect to the said real estate shares.
B. Since May 7, 2004, the Plaintiff and the Defendant rescinded the above trade, and the Plaintiff decided to return KRW 100 million to the Defendant.
However, the Plaintiff paid the Defendant KRW 120 million in total, including KRW 30 million on July 27, 2004, KRW 5 million on September 22, 2004, KRW 35 million on April 11, 2005, KRW 30 million on June 30, 2005, KRW 9 million on July 1, 2005, KRW 120 million on July 4, 2005, and KRW 100 million on July 4, 2005.
C. In addition, in November 2005, the Defendant demanded that the Plaintiff pay KRW 35 million to the Plaintiff for the fee of attorney fees by having the Plaintiff borrow KRW 500 million from the system tax, and instead, the Plaintiff paid the form as the settlement amount for the loan to E.
On November 5, 2005, the Plaintiff prepared a loan certificate to pay 35 million won to E on November 5, 2005 at the above request of the Defendant.
However, as the system tax did not lend KRW 500 million to the Plaintiff, the Plaintiff and the Plaintiff’s Plaintiff’s corporate F Co., Ltd. (hereinafter “F”) suffered from unexpected pain and injury, and the Plaintiff was not obliged to pay the fees of KRW 35 million to the Defendant.
Since then, the defendant applied to the plaintiff for the payment order of 2006 tea847 in accordance with the above payment agreement in the name of E.
On May 7, 2004, the Plaintiff did not know the fact that the Plaintiff paid the Defendant the amount of KRW 20 million more than the amount of KRW 100 million upon the cancellation of the trade agreement (i.e.,, the Plaintiff was unable to memory the fact that the Defendant paid the above KRW 30 million on July 27, 2004).