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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The Defendant filed a lawsuit against the Plaintiff on January 6, 2017 against the Plaintiff as the Gwangju District Court 2016dan12521. In light of the fact that the Defendant transferred the Plaintiff’s status to Nonparty D and received KRW 120,000,000 from the said court on October 22, 2012, and KRW 90,000,000 on November 21, 2012, and KRW 120,000,000 from the Plaintiff around October 20, 2012, the Defendant paid the Plaintiff the money paid from the Plaintiff in the process of purchasing the Plaintiff’s building on the Seo-gu Seoul Special Metropolitan City C large 186.6 square meters and its ground. Since then, the Defendant transferred the Plaintiff’s status as the buyer to Nonparty D and received KRW 120,00,00 from Nonparty D as the intermediate payment, the evidence alone submitted by the Defendant was insufficient to acknowledge that the Plaintiff was able to lend the Plaintiff’s unjust enrichment without any evidence.
The defendant appealed against the above judgment and appealed from Gwangju District Court No. 2017Na953, but on November 10, 2017, the above judgment became final and conclusive around that time.
The Defendant was indicted on October 27, 2017 by Gwangju District Court Decision 201Da1418, stating that “The Defendant had not lent the money to the Plaintiff and could not receive the refund of the down payment and the intermediate payment from the Plaintiff, as if he had not been paid the money, by deceiving the full bench in charge of the loan claim, and attempted to take over the amount equivalent to KRW 120 million and the interest accrued therefrom, but did not bring about such intent with the Plaintiff’s response,” and was indicted on the charge of “the Defendant was sentenced to imprisonment for 10 months, 2 years of suspended sentence, 2 years of community service, and 240 hours from the above court for attempted fraud, and the above judgment became final and conclusive at that time.”
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers; hereinafter the same shall apply) and all pleadings.