부당이득금반환
1. Of the judgment of the first instance, the part against Plaintiff A in the judgment is modified as follows:
The defendant is against the plaintiff A 210,000.
Basic Facts
The Defendant and E (the name before the opening of the name: R, the Defendant’s wife; hereinafter the Defendant and E collectively referred to as “Defendant, etc.”) were the nominal owners of F and 26 parcels (hereinafter referred to as “land within the same administrative district”) around 2010, the land in the same administrative district was the nominal owners of F and E.
Plaintiff
A and “Defendant, etc.” (the mandatory sales agreement is written as “a mandator,” but it appears to be a clerical error in the “Mandatary,” and it appears to be a clerical error in the “Mandatary,” respectively: the Defendant’s supplementary intervenor (hereinafter
[2] Among F and 26 parcels located within the land transaction permission zone as of February 24, 2010, the exclusive use area of 330 square meters divided as shown in attached Form 4, road sharing area of 69 square meters, and 394 square meters in lots (G land 1,255 square meters at the time) are part of G land.
Among the following, the exclusive use area of 330 square meters shall be "4 land".
2) The sales agreement with the following terms and conditions that Plaintiff A purchases (hereinafter “first sales agreement”) set forth as KRW 422,415,000 for the purchase price.
(2) On February 25, 2010, the Plaintiff asserted that the Plaintiff paid the agreed amount to “Defendant, etc.” on February 24, 2010. However, according to the Plaintiff’s evidence No. 19, it is clear that the payment date is February 25, 2010. The agreed amount is KRW 42,00,000, and KRW 14,650,000, out of the secondary intermediate payments until May 10, 2010 (Evidence No. 7) [the receipt of May 10, 2010 (Evidence No. 7)] of KRW 18,50,00,00, under the name of “the first, second intermediate payments,” and therefore, it is reasonable to deem that the first, second, and second intermediate payments paid up to that time were deducted from KRW 18,50,000,205,205.
[2] On December 18, 201, a sum of KRW 210,00,000 was paid as KRW 210,000.3. The agreed amount is paid as follows: The agreed amount is KRW 42,00,000; the date of payment: the first intermediate payment on February 24, 2010: KRW 84,000; the date of payment: 84,000,000; the second intermediate payment on April 6, 2010: KRW 84,00,000; the date of payment: the remainder on May 7, 2010: 212,415,000; the date of payment: the date of payment: July 31, 2010: the amount in blank; and