부당이득금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. The parties’ relationship 1) The Plaintiff is the 3-story building of reinforced concrete structure, concrete roof on the Hayang-si, Ansan-si G and H Yang-si (hereinafter “instant building”). The instant building and its site are combined with the instant building and its site.
(2) Defendant F is the representative director of Defendant E (hereinafter “Defendant E”) who was engaged in the manufacturing, distribution, and sales of livestock products in the vicinity of the instant real estate. Defendant C is the wife of Defendant F, Defendant B is the person of Defendant F, Defendant D is the person of Defendant F, and Defendant D is the employee of Defendant E at the warden of Nonparty I, but it does not appear on the corporate register of Defendant E (Evidence A).
On the other hand, the Plaintiff revealed in the application form for modification of the purport and cause of the claim that the said I was N's director.
It is his father and son.
B. Current status of the instant real estate and contractual relationship 1) The Plaintiff, the mother of Nonparty J, and 102 of the instant building (hereinafter “instant restaurant”).
(2) On the other hand, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the instant real estate as the 3,250,000,000 won with respect to the maximum debt amount on May 18, 2006, and the debtor, the Plaintiff, and the mortgagee Co., Ltd. with the name of “K”. On the other hand, the Plaintiff proposed to purchase the instant real estate by acquiring the secured debt to Defendant F along with Nonparty P, his father, as the Plaintiff’s father, by acquiring the secured debt.
3) Meanwhile, in the course of negotiations between the Plaintiff and Defendant F with respect to the sale of the instant real estate, the following sales contracts, lease contracts, and agreement were prepared. The seller: J and the buyer: Transfer of all the facilities and equipment installed in the instant restaurant (cafeterias, machinery, etc.).