부당이득금
1. The part of the judgment of the first instance, including the conjunctive claim added by this court, concerning the merits of the lawsuit is as follows.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. The Defendants (as the husband), the Plaintiff, and E jointly purchased 772.3 square meters of G site G site in Young-si District (hereinafter “instant land”) and decided to construct three buildings on the said ground.
B. On February 2, 2012, Defendant B purchased the instant land from F in the purchase price of KRW 1 billion (the contract amounting to KRW 50 million on the date of the contract, the intermediate payment of KRW 50 million on the date of the contract, the intermediate payment of KRW 50 million on March 9, 2012, and the remainder of KRW 900 million on April 2, 2012).
However, Defendant B notified the Plaintiff that the purchase price of the instant land was KRW 1130 million.
C. On April 2, 2012, the remaining payment date of the instant land, the establishment registration was completed prior to the establishment registration of a mortgage-holder D, the debtor B, and the maximum debt amount of KRW 1.14 billion. As to the instant land, the total amount of KRW 780 million was paid as part of the said remainder. The Plaintiff borne KRW 260 million equivalent to KRW 1/3 of the said loan.
(hereinafter “Plaintiff’s loan”). On April 2, 2012, F drafted a receipt that Defendant B was paid the full amount of KRW 1 billion. D.
On April 2, 2012, each of the two-six shares of the instant land was completed in the name of the Plaintiff and E, and each of the one-six shares of the instant land was completed in the name of the Defendants.
E. On April 3, 2012, Defendant B entered into a contract with H on the ground of the instant land (However, the contractor’s name in the contract consists of three buildings with K, L, M, and three buildings, each of which consists of one underground floor, three floors above the ground, three floors above the ground, and a rooftop; hereinafter “each of the instant buildings” collectively referred to as “K, L, and M,” and, when separately referring to each of the instant buildings, Defendant B entered into a contract with the construction cost of KRW 1.5 billion for the new construction of the instant Ldong building “,” the date of commencement, and the scheduled date of completion on November 30, 2012. < Amended by Presidential Decree No. 23748, Apr. 10, 2012>
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