부당이득금
1. The Defendant’s KRW 377,491,589 for the Plaintiff and KRW 5% per annum from December 12, 2013 to April 11, 2016.
1. Facts of recognition;
A. On July 30, 2009, the Plaintiff purchased at KRW 800 million from the Defendant, the Plaintiff purchased at KRW 4,000,00,00,000,000,000,000 from the Defendant, for each of the following reasons: (a) the Plaintiff made a sales contract with the Defendant to pay KRW 250,00,000 for the remainder on August 7, 2009; and (b) the Plaintiff paid each of the remainder on March 30, 2010 to complete the registration of ownership transfer at the same time as the remainder payment is received (hereinafter “instant first sale”).
B. At the time of the above sale, if the Defendant newly constructed a factory building on the ground of the above land (hereinafter “instant building”) and transferred its ownership to the Plaintiff, the Plaintiff entered into a contract with the Defendant to pay the construction price of KRW 250 million to the Defendant separately from the above sale price, and added the matters related thereto to the above sale contract as a special agreement.
C. The Plaintiff paid the Defendant a down payment of KRW 50 million on July 30, 2009, and the intermediate payment of KRW 500 million on August 6, 2009.
On June 22, 2010, the original Defendant sold three parcels located in C, F, and E (hereinafter “instant three parcels”) at KRW 600 million, and the down payment amounting to KRW 500 million is replaced by “the purchase and sale agreement amount already paid,” and the remainder KRW 100 million shall be paid up to August 2, 2010, and the Defendant concluded a sales contract with the effect that all obligations and taxes and public charges incurred in relation to the said three parcels will be repaid by the payment date of the remainder (hereinafter “instant second sale”).
On July 1, 2010, the Plaintiff paid KRW 50 million to the Defendant. On August 13, 2010, the Defendant completed the registration of ownership transfer for the said three parcels to the Plaintiff on June 22, 2010.
E. On the other hand, regarding the fourth parcel of this case, the joint collateral is limited to the defendant and the maximum debt amount of 54 billion won.