부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On November 2017, the Plaintiff, along with Defendant B, owned the forest land of which the F 2,701 square meters and G 23,065 square meters are 2,701 square meters and 23,065 square meters and 1/3 of the forest land of which are 2,705 square meters and 23,065 square meters from Changwon-si, Changwon-si. However, the Plaintiff transferred each 3/18 share and the remainder to Defendant B.
H Purchasing three parcels of forest land of KRW 259 square meters (hereinafter “instant real estate”) in total amount of KRW 390 million, and completed the registration of ownership transfer in the Plaintiff and Defendant B on November 8, 2017 with respect to each of the shares of KRW 1/2 of the instant real estate.
A person who sent the No. 50 million won on July 30, 2017, the amount of which was 1: D 40 million won on July 30, 2017; and B 50 million won on August 10, 2017; and B 100,000 won on September 11, 2017; B 440,000 won on September 15, 2017; B 10,000 won on September 15, 2017; B 10,000 won on September 4-26, 2017; B 1,000,000 won on August 38, 2017; and C 1,000,000 won on August 18, 2017; and C 1,000,000 won on August 1, 2017.
On the other hand, with respect to the F-2,701 square meters of land and G forest 23,065 square meters of land among the instant real property, the debtor set the joint collateral security by Defendant B and the J Union, which caused KRW 182,00,000,000, as the maximum debt amount (hereinafter “instant collateral security”).
Defendant B paid to the Plaintiff all of the loans KRW 140,000,000,000,000 which was paid after the establishment of the instant collateral security right in the JJ in the future of the JJ, and prepared an agreement between the Plaintiff and the Plaintiff stating that “The loans KRW 120,000,000,000 out of the loans KRW 140,000,000 shall be recognized as Defendant B’s obligations, and the remainder of KRW 20,000,00 shall be the Plaintiff’s obligations.”
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4 (including each number; hereinafter the same shall apply), Eul evidence Nos. 1 through 6, and a summary of the plaintiff's assertion as to the plaintiff's claim as to the whole of the pleadings. < Amended by Presidential Decree No. 28210, Jul. 2017>