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1. The Defendant’s decision on recommendations for unjust enrichment in Daejeon District Court 2018Gaso30099 against the Plaintiff was based on the decision on recommendations for execution.
Reasons
1. The Plaintiff, along with C and D on June 3, 2016, purchased the purchase price of KRW 868 million with the Plaintiff’s share 1/4, C share 1/4, and D share 1/2, and KRW 1/2,000,000.
The Plaintiff, C, and D borrowed KRW 600 million from the F Association to pay the purchase price for the land before subdivision, and set up a collateral of KRW 780 million with C as the obligor, which was the maximum debt amount of KRW 780 million. However, according to the aforementioned equity ratio, the Plaintiff, C, and D decided to share the Plaintiff’s debt of KRW 150 million, KRW 150 million, KRW 150 million, and KRW 300 million with D, respectively.
On August 10, 2016, the Plaintiff and the Defendant: (a) paid the Plaintiff’s share (424.75/169) in purchase price of KRW 245,089,440; (b) paid KRW 70 million as the down payment on the date of the contract; (c) entered into a contract; and (d) entered into a contract that pays the remainder to the Plaintiff on August 23, 2016; and (c) remitted KRW 70 million as the down payment on August 11, 2016 to the Plaintiff; and (d) additionally transferred the Plaintiff KRW 150,000 to the Plaintiff KRW 50 million as the down payment; and (e) additionally transferred the remainder to the Plaintiff on November 5, 2016, KRW 500,000.
On August 23, 2016, the Defendant completed the registration of share transfer with respect to the Plaintiff’s share in the land before subdivision on August 23, 2016, and thereafter, the land before subdivision was divided as co-owned property, and the Defendant purchased C share.
C A lawsuit was filed against the Defendant on November 10, 2017, seeking payment of the unpaid purchase price. On January 3, 2018, the Defendant asserted that, in accordance with a report-based contract, the Plaintiff paid 70 million won out of the purchase price, and that, on January 3, 2018, the remainder was paid 25,089,440 won (245,089,4400 - 70 million - 15,000 won) and that, on November 2, 2016, the Plaintiff paid 24,910,560 won (50 million won - 25,089,400 won) to the Plaintiff exceeding 15,000 won.