[Judgment of the court below]

Defendant

September 11, 2009

Daejeon District Court Decision 2008Gadan11068 Decided August 26, 2008

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall pay to the plaintiff 53 million won with 5% interest per annum from December 7, 2007 to September 30, 2009, and 20% interest per annum from the next day to the day of full payment.

3. The costs of the lawsuit after the appeal shall be borne by the defendant.

4. Paragraph 2 can be provisionally executed.

The judgment of the first instance is revoked. The defendant will pay to the plaintiff 53 million won with interest of 20% per annum from the next day of the delivery of a copy of the complaint of this case to the day of complete payment. Preliminaryly, the judgment like Paragraph 2 of this Article (the plaintiff added the conjunctive claim at the trial) (the plaintiff added the conjunctive claim at the trial).

1. Basic facts

A. The Plaintiff, with the permission of Nonparty 1 and 3, contracted to Nonparty 4 Co., Ltd., and constructed one building on the land on which ○○○○-ri (hereinafter omitted) and seven parcels of land (hereinafter “ Nonparty 3’s land”) owned by Nonparty 3, and three buildings (hereinafter “three buildings”) on the land on which Nonparty 1 owned the same Ri (hereinafter omitted) and three lots of land (hereinafter “ Nonparty 1’s land”) were constructed on the land on which Nonparty 1 owned, and the construction was suspended on the ground of unpaid construction cost, etc., and the above four buildings were remaining on each of the above land.

B. On December 1, 2004, the Defendant purchased the land of Nonparty 3 and one house of the farm household and two houses of the above ground, and on August 23, 2006, the Defendant purchased the land of Nonparty 1 and two houses of the above ground accommodation facilities from Nonparty 1, and on August 23, 2006, the Defendant did not purchase one unit of the land of Nonparty 3 and the buildings of this case.

C. On the other hand, on October 25, 2004, the defendant concluded a contract with the non-party 4 to purchase one building on the non-party 3's land. The plaintiff attended the above contract and allowed the non-party 4 corporation to sell the above building to the defendant and acquire the price in lieu of the construction price not paid to the non-party 4 corporation.

D. On December 7, 2007, the Defendant completed the construction of the instant building on the ground of Nonparty 1’s land and acquired its ownership. The value of the instant building was equivalent to KRW 53,00,000,000.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 4 through 9, Gap evidence 11, Gap evidence 13, Eul evidence 13, Eul evidence and video, non-party 5's testimony and whole purport of oral argument

2. The assertion and judgment

A. Judgment on the main claim

The plaintiff asserts that the defendant agreed to pay KRW 53,000,000 to himself as the price for the building of this case until August 12, 2007. Thus, there is no evidence to acknowledge it, and the plaintiff's above assertion is without merit.

B. Determination on the conjunctive claim

1) The parties' assertion

The plaintiff asserts that the plaintiff should pay 53,00,000 won, which is the equivalent of the value of the building of this case which the defendant unjust enrichment to the plaintiff, as well as damages for delay, since the defendant completed the building after the defendant resumed the construction of this case and acquired its ownership.

As to this, the defendant asserts that since the non-party 4 corporation purchased the building of this case from the owner, it cannot respond to the plaintiff's claim.

2) Determination

According to the above facts, the owner of the building of this case is not the non-party 4 corporation, the contractor, and the defendant acquired ownership of the building of this case owned by the plaintiff, which is not included in the object purchased from the non-party 1 by the plaintiff around December 7, 2007. Therefore, the defendant obtained unjust enrichment equivalent to the value of the building of this case without any legal ground and suffered losses equivalent to the plaintiff's amount. Thus, the defendant is obligated to pay to the plaintiff 53,00,000 won which is equivalent to the value of the building of this case and the construction of the building of this case for the purpose of completing the building of this case from December 7, 2007 to September 30, 2009, which is the date the judgment of the court of first instance is rendered, the amount of 5% per annum under the Civil Act and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of complete payment.

3. Conclusion

Therefore, the plaintiff's primary claim of this case is dismissed as it is without merit, and the supplementary claim of this case is accepted as reasonable. The judgment of the court of first instance dismissing the plaintiff's primary claim of this case is just, and the plaintiff's appeal of this case is dismissed as it is without merit, and it is ordered to order the defendant to pay the above amount upon the conjunctive claim added at the court of first instance. It is so decided as per Disposition.

Judges Joh Sung (Presiding Judge)