부당이득금반환
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following the counterclaim filed by this court.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
In January of 1997, the Plaintiff and the Defendant agreed to jointly purchase the land of the Defendant at KRW 7,495 square meters (hereinafter “C land”) in Daegu North-gu, Daegu-gu, Seoul-gu, and entered into a contract to purchase the said land at KRW 1.6 billion from the Plaintiff and the Defendant on January 14, 1997.
On the date of the contract, the down payment of KRW 150 million was agreed to pay the first intermediate payment of KRW 350 million until February 25, 1997, and the second intermediate payment of KRW 500 million until April 21, 1997, and the remainder of KRW 600 million until May 30, 1997.
The Plaintiff and the Defendant agreed to hold 1/2 shares of C land each at the time by bearing the purchase price of land C in KRW 800 million. By April 28, 1997, the Defendant paid the above seller a share of KRW 800 million to the seller.
The circumstances leading up to the Defendant’s lending KRW 1.5 billion to the Plaintiff, the Plaintiff paid a total of KRW 200 million to the second intermediate payment on May 2, 1997 and May 8, 1997, and requested the Defendant to lend KRW 800 million to the Defendant for the payment of the remainder 600 million.
Accordingly, on May 30, 1997, the Defendant completed the registration of ownership transfer in the name of the Defendant on the ground of the above sale with respect to C land, and divided C forest land 7,495 square meters into C forest land 5,427 square meters and G forest land 2,068 square meters on February 25, 1997, and the registration of ownership transfer was completed in the name of the Defendant on May 30, 1997.
On the same day, Daegu National Mutual Savings and Finance Company (hereinafter “National Bank”) was merged with the National Mutual Savings and Finance Company (hereinafter “National Bank”) on August 22, 199, which created a mortgage and received a loan of KRW 800 million as security, and provided the Plaintiff with a loan of KRW 100 million.
The Plaintiff paid the balance of C’s land at KRW 600 million among the said money.
Around August 1997, the plaintiff requested the defendant to lend additional KRW 700 million to the defendant.
Accordingly, the defendant extended 70 million won from the National Bank on August 18, 1997 and extended 800 million won in advance.