부당이득금
1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.
2. After an appeal is filed.
1. Facts of recognition;
A. The instant land, which is the land before subdivision, was owned by U.S. alone. The instant land owned by the Korea Real Estate Asset Management Corporation (hereinafter “Korea Real Estate Asset Management Corporation”) on August 13, 2014, and on May 2015, the Korea Real Estate Asset Management Co., Ltd. owned shares, and owned the said land and owned the remaining shares by other co-owners.
B. On May 18, 2015, the Defendant sold part of F’s 60 square meters to Plaintiff A for KRW 21 million (hereinafter “first sale contract”), ② sold part of F’s 60 square meters to Plaintiff B on May 29, 2015 (hereinafter “second sale contract”); ③ on May 29, 2015, the Plaintiff sold part of F’s 90 square meters of land to Plaintiff C for KRW 33,300,000 (hereinafter “third sale contract”); and ④ on June 9, 2015, the Plaintiff sold part of F’s 10 square meters of land to Plaintiff A for KRW 3.5 million of the price.
(hereinafter referred to as “fourth purchase and sale contract”). The Defendant received full payment from the Plaintiffs of the purchase price under the first to fourth sales contract.
C. On July 13, 2015, F land was divided into five parcels of land: F forest 6,273 square meters (hereinafter “F land after division”); H forest 95,006 square meters; E forest 6,612 square meters; I forest 6,612 square meters; J forest 7,133 square meters.
Korean real estate asset management obtained the sole ownership of F, E, I, and J land after the partition by partition of co-owned property on the same day, and on the same day, the registration of ownership transfer for the above four parcels of land was completed to the defendant.
On August 13, 2015, the Defendant’s share with respect to E forest land (231/6612) for the Plaintiff on July 27, 2015 on the ground of sale and purchase as of July 27, 2015, (2) for the Plaintiff B on July 27, 2015, as to the share (198/612) for the reason of sale and purchase as of July 27, 2015, and (3) for the Plaintiff C on August 4, 2015 on the ground of sale and purchase as of July 27, 2015.