1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. The primary argument that the Defendant jointly purchased the instant forest land D 8980 square meters (hereinafter “the instant forest”) from the Plaintiff, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and solicited the Plaintiff to make an investment. The Plaintiff agreed to jointly purchase the instant forest land with the Defendant and transferred KRW 40 million to the E’s account designated by the Defendant.

However, in violation of the above agreement, the defendant is obligated to pay the plaintiff the above KRW 40 million and damages for delay, since the defendant completed the registration of transfer of ownership in its sole name with respect to the forest land of this case.

B. Preliminary assertion, even though the Defendant did not receive an investment of KRW 40 million from the Plaintiff, the Defendant used the Plaintiff’s money in purchasing the forest of this case, and the Defendant made unjust enrichment of KRW 40 million without any legal ground. Thus, the Defendant is obligated to refund the Plaintiff the said KRW 40 million and the delay damages therefrom.

2. Determination

A. According to Gap evidence Nos. 1, 2, 7, Eul evidence Nos. 1, 1, 3, and 4 as to the primary argument, the defendant entered into a sales contract with C on October 15, 2009 to purchase the forest land of this case in the purchase price of KRW 380 million, and entered the land sales contract (Evidence No. 1) prepared at the time of the above contract as "two persons other than the defendant". The plaintiff transferred KRW 40 million to E on November 20, 2009, Eul transferred KRW 40 million to E on the defendant's account on the 27th of the same month. The defendant, including the above money, paid KRW 380,000,000,000 including the above money, and the fact that the plaintiff completed the registration of ownership transfer of the forest of this case in the name of the defendant on December 9, 2009, while exchanging the forest land of this case in the name of the plaintiff and the plaintiff on the land of this case.