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1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
Reasons
1. The reasons why the court should explain this part of the basic facts are as follows: “Around July 18, 200,” which is 5th below the judgment of the court of first instance, is “ around July 10, 200,” and “340,000,000,000,000 won” which is 5th half of the judgment of the court of first instance, is the same as the part of “1. Basic Facts” from the second to the sixth next fiveth day below the second half of the judgment of the court of first instance, and this shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The plaintiff and the selected parties E
A. The primary assertion was that the Plaintiff not only borne KRW 378 million out of the purchase price of the pertinent land Nos. 2 and 3, but also directly sold each of the above lands. The Selection E was aware that the Plaintiff was inconvenienceed in purchasing and managing each of the above lands. On the contrary, the Defendants are merely the title trustee who was not involved in the purchase, management, and sale of each of the above lands.
Plaintiff
In addition, the Appointor E seek against Defendant B for the payment of unjust enrichment of KRW 3.12 billion remaining after deducting the already paid KRW 93.5 million from the sale price of each of the above lands of KRW 4.45 million. If Defendant B fails to pay it, he/she shall claim against Defendant C and D for the payment of KRW 1.551 billion and damages for delay.
B. Even if the entire land of this case was not owned by the Plaintiff, 1/2 shares out of the land of this case No. 3 is owned by the Plaintiff. Since the sale price of the land of this case No. 3 is KRW 2.95 billion, Defendant B was obligated to pay to the Plaintiff a half of the purchase price of the land of this case, but only KRW 93.5 billion was paid to the Plaintiff.
Therefore, Defendant B is obligated to pay the remainder of KRW 171.5 million (i.e., KRW 1.., KRW 75 billion - KRW 93.5 million) acquired without any legal cause to the Plaintiff.
3. Determination
A. Determination as to the primary assertion is based on Gap evidence Nos. 13-1 and 3.