1. The part of the judgment of the court of first instance against the principal lawsuit shall be revoked;

The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2...

1. In the first instance court, the Plaintiffs filed a claim for damages against the Defendant, which is the primary claim for restitution of unjust enrichment, and the first instance court dismissed the primary claim and partly accepted the conjunctive claim.

Since only the defendant appealed, the subject of the judgment of this court is limited to the conjunctive claim among the plaintiffs' main claim and the defendant's counterclaim claim.

2. Basic facts

A. The plaintiffs are married couple, and the defendant is a construction business operator running a wooden housing business. The plaintiff Gap and the defendant around the end of 2002, according to the defendant's proposal, and around the end of 2002, the plaintiff Eul and the defendant decided to purchase the purchase fund and development costs corresponding to 1/2 of the area of the land in the attached Table No. 13,974 square meters (which was divided into each land listed in the attached Table No. 1 and No. 2 of March 15, 2006) and the land listed in the attached Table No. 3 of the attached Table (hereinafter referred to as "the land in this case") and the land listed in the attached Table No. 3 (hereinafter referred to as "the land in this case") at the expense of the plaintiff

B. According to the consultation between the Defendant and E, the purchase price of the instant land was determined as KRW 50 million, and accordingly, the sales contract for the instant land was concluded between E and E on November 2002, and the down payment was paid KRW 50 million and the remainder KRW 450 million on March 11, 2003, respectively. Of which, the Plaintiff’s share KRW 480 million on the part of E and the Defendant share KRW 20 million.

C. Since then, with respect to the land of this case, the ownership transfer registration for shares of 3,575/13,974/13,974/13,972 shares in the name of the Plaintiff and the Plaintiff’s wife F, respectively, in the name of the Plaintiff and the Plaintiff’s wife, and with respect to the land listed in paragraph (3) of the attached Table, the ownership transfer registration for the total shares was made on May 9, 2003 in the name of the Plaintiff and the Plaintiff’s wife, respectively.

[Ground of recognition] A.