부당이득금반환 또는 정산금지급
1. The part against the defendant among the judgment of the court of first instance (the part accepting the plaintiff's claim) shall be revoked.
2. As to the above revoked part.
1. Basic facts
A. On February 21, 2001, the Plaintiff and the Defendant owned 2/3 shares out of forest land of 12,893 square meters, and the Defendant owned 1/3 shares out of forest land of 12,893 square meters.
(2) In 2002, the Plaintiff and the Defendant concluded a partnership agreement with the content of developing each of the above land as factory site or site, etc. (hereinafter “existing partnership agreement”) on January 24, 2002 by bearing development costs according to their respective equity ratio, and exchanged 288 square meters and 746 square meters among M, N, and J Forest, the owner of L forest land, and M, N, and J Forest, which are owners of L forest, exchanged 28 square meters and 746 square meters among L forest land.
(3) The Plaintiff and the Defendant divided the J forest in accordance with the above exchange contract, and transferred the registration of ownership transfer to M and N as to its part, and the Plaintiff owned 2/3 shares and 1/3 shares among the O forest 3,020 square meters in remaining part, and the Defendant owned 1/3 shares.
On April 12, 2002, the Plaintiff and the Defendant completed the registration of ownership transfer with respect to 2/3 shares and 1/3 shares in P Forest divided in the above L Forest.
After that, through registration conversion, division, and land category change, the above O forest was Q2,758 square meters and R-road 262 square meters, and P forest was comprised of D large 759 square meters and S large 1,294 square meters.
B. On November 8, 2005, the Plaintiff purchased from F the instant forest in the amount of KRW 360 million for KRW 300,000,000,000,000,000, the land adjacent to the land to be developed under the existing partnership business agreement, and thereafter, (1) the Plaintiff purchased the instant forest in the amount of KRW 3309,000,000 from F.
(2) Of the instant forest land, on August 17, 2007, the registration of transfer of ownership in the Plaintiff’s name was completed on August 17, 2007, and on the remaining 1103/3309 shares, the registration of transfer of ownership in the Defendant’s name was completed on the same day.
(3) The Plaintiff’s instant case on August 25, 201.