2. The costs of lawsuit shall be borne by the Plaintiff.

The plaintiff is a company that engages in real estate sales business, real estate consulting business, real estate consignment sales business, etc., and the defendant is an internal director of the plaintiff.

On May 16, 2016, the Defendant concluded a sales contract with C to purchase KRW 140 million for the purchase price (hereinafter “instant real estate”) of KRW 10,018 square meters (hereinafter “instant sales contract”).

The Defendant completed the registration of ownership transfer in the name of the Defendant on July 13, 2016, based on the instant sales contract.

[Grounds for recognition] Facts without dispute, Gap's evidence Nos. 7, 9, Eul's evidence Nos. 3, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings completed the registration of ownership transfer in the name of the defendant because it is impossible to issue the qualification certificate for acquisition of farmland as the plaintiff purchased the real estate of this case from Eul for KRW 170 million.

Therefore, the Defendant is obligated to pay the Plaintiff the sales price of this case KRW 170 million and delay damages therefrom with unjust enrichment.

The Defendant is unable to comply with the Plaintiff’s claim for restitution of unjust enrichment, since the Defendant fully bears the purchase price and completed the registration of ownership transfer.

Judgment

Facts of recognition

The following facts are acknowledged as either the evidence mentioned above and the parties to the evidence, or as a whole by considering Gap evidence Nos. 11, 12, 13, Eul evidence Nos. 1, 2, 5, 7, 8, and 10, witness E's testimony, part of witness E's testimony, and each of the results of the order to submit financial transaction information on the FF Association's local points.

On October 29, 2015, the Defendant, Ansan-dong Land Purchase Co., Ltd. (hereinafter “G”) sold the purchase price of KRW 165 square meters (hereinafter “instant land”) to the Defendant for KRW 87,500,000,000,000. The Defendant received the purchase price from the Defendant on November 2, 2015, but did not complete the registration of ownership transfer.