beta
Text
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. In the first instance trial, the Plaintiff claimed the return of unjust enrichment of KRW 21,00,000, and KRW 58,000,000 (i.e., penalty of KRW 28,000,000 in total and KRW 30,000 in total and KRW 30,000 in total and KRW 28,000 in total). The court of first instance selected the claim of KRW 50,00,00 in advance. The court of first instance declared that ① partially accepted the claim of KRW 14,00 in total and dismissed the remainder of the claim of KRW 14,00,00 in total among the claims for return of unjust enrichment of KRW 21,00 in total and damages.
Since only the defendant appealed against this, the scope of this Court's trial is limited to the claim for return of the above unjust enrichment cited in the first instance trial and the claim for damages caused by the illegal act.
2. The Defendant entered into a sales contract with Nonparty H on the instant forest land of 20,405 square meters (which was divided into C forest land of 925 square meters and K forest land of 19,480 square meters on October 21, 201) and 198,942 square meters (hereinafter “each of the instant forest”) in 198,942 square meters (hereinafter “each of the instant forest”), in which the Defendant was delegated the right to sell each of the instant forest by H with the authority to sell, sell, construct, and grant permission (electric, water, etc.) in order to the Plaintiff.
On April 27, 201, the Plaintiff concluded a sales contract of KRW 120,00,000 for KRW 1,000 for forest land of KRW 30,00 for KRW 1,00 among forest land of KRW 30,00,00 for KRW 10,00 for KRW 10,000 for the purchase price (hereinafter “each of the instant sales contracts”) with Nonparty D and E (hereinafter “D”) on May 4, 201.
The Plaintiff received down payment of KRW 17,00,000 under each of the instant sales contracts from D, etc., and remitted the Defendant the sum of KRW 15,000,000 on May 6, 2011, and KRW 10,000,000 on May 19, 201.
However, since then, each of the instant sales contracts was cancelled on the grounds of delay in subdivision procedures, lack of sales amount, etc., and the Plaintiff.