부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 28, 1989, the Defendant completed the registration of ownership transfer on April 20, 1989 (hereinafter “the instant real property”) with respect to the land size C, 2384.3 square meters (hereinafter “the instant real property”).
B. On October 9, 2007, the Defendant sold the instant real estate to the Korea Rural Community & Agricultural Corporation and received KRW 86,520,000 as the purchase price.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff did not sell the real estate of this case to the defendant.
The Defendant, by recommending the Plaintiff to offer the instant real estate as collateral and obtain a loan for agricultural funds, received the Plaintiff’s seal imprint certificate from the Plaintiff, and completed the registration of ownership transfer by forging a sales contract.
After that, the Defendant sold the instant real estate to the Korea Rural Community & Agricultural Corporation and acquired KRW 86,520,000 as the purchase price, using the fact that the ownership transfer registration of this case was made in its name.
Since the above 86,520,000 won acquired by the defendant is unjust enrichment without any legal ground, the defendant is obligated to return it to the plaintiff.
B. According to the statement in Gap evidence No. 3 and witness Eul's testimony, the plaintiff's birth D prepared a complaint for defamation against the defendant on December 10, 2008 (hereinafter "the complaint of this case") and confirmed it to the defendant on December 19, 2008. The end of the complaint of this case contains the phrase "I will transfer the land 931 square meters of the complainant's name to the defendant's name and sell it under the name of the defendant with a seal affixed to the defendant under the title of the Agricultural Cooperative loan security, and this is also in the preparation for the complaint of this case."