1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On August 31, 2005, the Plaintiff purchased, respectively, shares of 13223.2/38182 (hereinafter “Plaintiff’s shares”) among the 38,182 square meters of D Forest land in Ulsan-gun, Ulsan-gun (hereinafter “land before division”), and Nonparty E purchased shares of the remainder of the pre-divisioned land from C, which were 24958/38182.

B. On January 31, 2006, the land before subdivision was divided into 13,223 square meters of forest land in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). On April 24, 2007, the Plaintiff transferred the instant land’s share on the ground of the partition of co-owned property on April 24, 2007 and completed the registration of ownership transfer on the instant land.

C. On June 15, 2006, the Plaintiff sold 1/2 (hereinafter “Defendant’s share”) out of the Plaintiff’s share in the land before subdivision to the Defendant for KRW 90,000,00.

With respect to the instant real estate, the Plaintiff entered into a real estate sales contract (hereinafter “instant sales contract”) that sells the instant real estate to Nonparty G for KRW 200,000,000 on May 9, 200. Based on the sales contract of this case, based on the sales contract of this case, the transfer registration for the instant land was completed on the grounds that the instant sales contract was concluded for Nonparty G on the same day in the future.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, 2, Gap evidence 4-1, 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff alleged by the parties concerned sells the defendant's shares to a third party.

On the other hand, only the transfer registration for the Defendant’s share was delegated, and the Defendant prepared a sales contract with Nonparty G beyond the scope of the Plaintiff’s delegation and completed the registration of ownership transfer for the entire land of this case.

Nevertheless, the Defendant did not pay the purchase price for the Plaintiff’s share out of the instant land to the Plaintiff.

Therefore, if the Defendant received the purchase price from G, it is obligated to return 110,000,000 won corresponding to the Plaintiff’s share as unjust enrichment or even if it did not receive the purchase price.