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Reasons
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(영문) 광주고등법원 2017.06.30 2015나2491
부당이득금반환
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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit falling under the above part of revocation.

Reasons

1. Scope of the judgment of this court;

A. The Plaintiff’s assertion 1) On March 10, 2010, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) owned by the Defendant and his wife C from the Defendant (hereinafter “each of the instant real estate”).

(2) The Plaintiff purchased KRW 340,000,000 for the purchase price of KRW 340,000,000 for the remainder of KRW 60,000,000 for the Defendant’s loan obligations for part of each of the instant real property, but the difference of KRW 8,000,000 for the Plaintiff is paid to the Plaintiff by the Defendant, and the security or seizure established on each of the instant real property was agreed to be cancelled prior to delivery (hereinafter “instant sales contract”).

(2) The Plaintiff paid 280,000,000 won to the Defendant according to the instant sales contract. The Defendant completed the registration of ownership transfer of each of the instant real estate and delivered each of the instant real estate to the Plaintiff.

3) Although the Defendant agreed to cancel the seizure of each of the instant real estate, the Defendant did not cancel the seizure by the director of the Seogju Tax Office, which was completed as of December 15, 2009 on the real estate listed in attached Tables 27 through 29, which was owned by C. Unlike the agreement at the time of the instant sales contract, the amount of delinquent tax for C related to the seizure exceeds 153,147,580 won. 4) Unlike the agreement at the time of the instant sales contract, the amount of the loan the Defendant received as security for each of the instant real estate exceeds 68,00,000 won. The Defendant’s loan obligation by subrogation of the Plaintiff on June 4, 2015 is KRW 89,324,982.

5) 한편, 원고는 2011. 5. 31. 피고와 C에게 46,072,603원을 대여하고, 그 중 38,000,000원을 반환받았다. 6) 따라서 피고는 원고에게 채무불이행 내지 불법행위로 인한 손해배상금 181,683,821원(≒ C의 체납세액 153,147,580원 원고의 대위변제금 89,324,982원 - 원고가 인수하기로 한 피고의 채무 60,000,000원) 계산하면 182,472,562원이 되나, 원고는 그 중 181,683,821원만 구하고 있다.

and loans of 189,756,424 won (=46,072,603 won - 38,000,000) plus loans of 8,072,603 won (=46,072,603 won).

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