1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.

2...

1. In the first instance trial, the Plaintiff sought reimbursement of KRW 360,00,000 for loans to the Defendant and delayed payment of KRW 330,000 for unjust enrichment and delayed payment. The court of first instance rejected the claim for restitution of unjust enrichment and dismissed the claim for restitution of loan.

Accordingly, the defendant only appealed against the claim for return of unjust enrichment, which is subject to the judgment of this court is limited to the cited part of the claim for return of unjust enrichment against the defendant.

2. Basic facts

A. After completing the registration of ownership transfer on January 11, 1999, the Plaintiff moved to Germany with respect to land C and its ground house (hereinafter “real estate 1”) in Namyang-si, Namyang-si, and at that time delegated the right to manage and dispose of the real estate 1 to the Defendant who is the birth.

B. The Defendant purchased Gangnam-gu Seoul E ground No. 205 (hereinafter “second real estate”) under the Plaintiff’s name on March 6, 2003, and completed the registration of ownership transfer on June 16, 2003.

C. On October 31, 2003, the Defendant revoked the right to collateral security of KRW 39,000,000 with respect to the first real estate by repaying the loan obligation to the Korea Housing and Commercial Bank of Korea, and around December 2, 2003, when the Plaintiff returned to the Republic of Korea, the Defendant concluded a sales contract with D with the Plaintiff for KRW 100,000,000 with respect to the first real estate under the name of the Plaintiff, and completed the registration of ownership transfer on January 8, 2004.

The Defendant, on behalf of the Plaintiff, purchased from theO on October 2, 2006 the land and its ground (hereinafter “third real estate”) at KRW 650,00,00 and completed the registration of ownership transfer on January 18, 2007.

E. While the provisional registration of the right to claim transfer of ownership was completed on November 15, 2006 from the Plaintiff on November 20, 2006 with respect to the second real estate, on the part of the Plaintiff, on November 15, 2006, the Defendant registered the provisional registration of the right to claim transfer of ownership on behalf of the Plaintiff in F and G on November 15, 2006, the second real estate is KRW 550,000.