부당이득금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On May 2012, the Plaintiff’s husband C purchased approximately 151.5 square meters on behalf of the Plaintiff on behalf of the Plaintiff, and the actual purchase price was KRW 310 million, but the actual purchase price was KRW 420 million, and the difference was KRW 110 million. In collusion with C, the Defendant received KRW 50 million out of the said money from his account.
Therefore, the defendant is obligated to pay the plaintiff the above 50 million won and delayed damages with compensation for damages caused by the tort.
2. In full view of the overall purport of evidence No. 1-1, 2, 3, Gap evidence No. 3, 4, 5, 14, Eul evidence No. 4, Eul evidence No. 5, Eul evidence No. 5-1, and Eul evidence No. 2, the defendant's husband who is the defendant's husband did not notify the plaintiff of the amount of the purchase price on behalf of the non-party Eul in the course of purchasing the 151.5mm2 on behalf of the non-party Eul, and he paid the difference equivalent to the difference. The plaintiff transferred 50 million won to the defendant's account in the transaction statement column around October 19, 2012 as "the balance of land" and around 11:58, 200 won were transferred from the defendant's account under the name of the non-party No. 360, Oct. 19, 201 to the defendant's account.
However, it is insufficient to recognize that either side of the couple uses or transfers an account under the name of the other party, and the evidence and circumstances alleged by the Plaintiff are insufficient to recognize that C used the name of the Defendant to use the Defendant’s account despite the Defendant’s knowledge that he would use the account in the name of the Defendant, or that the said KRW 50 million was returned to the Defendant, with the knowledge of the fact that he would have been able to use the said account in the name of the Defendant, on the sole basis of the evidence submitted by the Plaintiff and the circumstances alleged by the Plaintiff.