부당이득금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) C is the purchase of land from Pyeongtaek-si E (hereinafter “Ei”) on April 22, 1996.
(2) Of F, the sales contract was concluded in the name of “C et al.” for the purchase of KRW 4,000,000 among KRW 120,00,000 among KRW 120,00, and KRW 2) C entered into a sales contract in the name of “C et al.” for the purchase of KRW 144,60,000 for H forest 4,820 from G on the same day.
3) Total sum of F forest land 13,223 square meters, H forest land 15,950 square meters (hereinafter “instant land”).
On October 28, 1996, the registration of ownership transfer was completed for each of one-third shares to the Plaintiff, the Defendant, and C on October 23, 1996. (b) On September 11, 2007, the Plaintiff, the Defendant, and C concluded a sales contract with the content that the instant land was sold to I and J for KRW 2,206,00,000 (hereinafter “instant sales contract”).
2) The Defendant received respectively down payment of KRW 220,00,000 on September 11, 2007 from the buyers of the instant sales contract, and KRW 1,00,000 on October 25, 2007, after payment of the intermediate payment of KRW 1,00,000,000 on October 25, 200, and the remainder of KRW 1,180,000,000 (hereinafter “the instant revenue”).
(3) Each of the 295,000,000 won was paid to the Plaintiff and C. The Defendant received the “temporary appropriation” indicated as “one million won / one million won out of the borrowed / the borrowed / the above amount was paid at the attorney’s expense” from the Plaintiff. The Defendant received the “temporary appropriation” from the Plaintiff.
4) Meanwhile, around 2008, I and J filed a lawsuit against the Plaintiff, the Defendant, and C for the claim for the refund of the purchase price (hereinafter “related lawsuit”).
On December 15, 2008, mediation was concluded to pay 1,220,000,000 won to I and J as well as damages for delay from May 1, 2008. The costs of the relevant lawsuit were KRW 7,00,000,000, and the Plaintiff paid KRW 1,00,000, respectively. (c) The execution of the first loan 1).