부당이득금반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and Defendant B are dismissed.
2. Of the appeal cost, the Plaintiff (Counterclaim Defendant) and Defendant B.
1. The reasoning for the court’s explanation concerning this case is as follows: (a) the part of the “scambling and scambing” of the first instance judgment No. 8, No. 16, which is the “scambling and scambling,” and (b) the Plaintiff and Defendant B added to this court, except for the addition of the judgment as set forth in the following paragraph (2), and therefore, it is identical to the ground for the first instance judgment. Accordingly, it is acceptable
2. Additional determination
A. The Plaintiff’s assertion 1) The amount paid by the Plaintiff to the Defendants should be deemed as the sales price in entirety as follows. If all the amount paid by the Plaintiff is deemed as the sales price, the Plaintiff paid 50,225,321 won to Defendant B, and the Defendants paid 23,893,679 won to Defendant C, so the Defendants shall return each of the above amount to the Plaintiff as unjust enrichment. ① The Plaintiff, based on a special agreement (Evidence A No. 3) at the time of the instant sales contract, was responsible for the Defendants, the seller, who is the seller, was responsible for, and the Defendants were responsible for, provisional registration, seizure, collateral security, superficies, etc. established in the instant forest, and thus, the Plaintiff should be deemed as the full amount paid to the G association to cancel the instant forest (Attached No. 3), 2,173,500 won (Attached No. 11), and 390,100 won (Attached No. 39,100 won) and the full amount paid to H.
(2) Even if the above special agreement is not acceptable, the special agreement cannot be accepted.
However, Article 2 of the sales contract of this case provides that “if there is any reason for restricting the exercise of ownership, any default of public charges and other charges, the seller shall remove the defects and burdens of the rights and transfer the full ownership to the purchaser by not later than the date of payment of the balance,” and thus, the seller is obliged to cancel the right to collateral security of H and G association established in the forest of