Text
1. The plaintiff's claim for unjust enrichment of KRW 15,00,000 and the plaintiff's claim for unjust enrichment of KRW 65,00,000 respectively.
Reasons
1. Facts of recognition;
A. On September 25, 2006, the Plaintiff entered into an exchange contract with D on behalf of D on its behalf with the National Agricultural Cooperative Federation of 838,500,000 won (hereinafter “instant exchange contract”) and entered into an agreement with D on the five-story E-Ground E-Ground reinforced concrete hub roof (hereinafter “instant building”) and received documents necessary for the registration of ownership transfer and exchanged G No. 401 of the F-U.S. G401, which was owned by D, and agreed that C shall accept the lease deposit and the obligation to lend to the bank, and C shall pay the amount of KRW 15,00,000,000 (hereinafter “instant exchange contract”). The Plaintiff received a receipt from D on the same day.
B. The Defendant, who arranged the instant exchange contract, failed to take over the secured debt of the National Agricultural Cooperative Federation, and sold the instant building, etc. to H and I on behalf of C on February 12, 2007, at KRW 705,000,000 on behalf of H and I, and I agreed that I shall take over the secured debt of KRW 645,00,000 of the said secured debt.
(hereinafter “instant sales contract”). C.
C Upon the request of the I on February 15, 2007, I borrowed 100,000,000 won from the bondholder J for the purpose of the telecom repair fund. As to the instant building and the said E land, the J completed the registration of creation of a mortgage over the debtor H, the maximum debt amount of 150,000,000 won, and I paid 65,00,000 won out of the above borrowed money to the Defendant.
D and the defendant, on July 16, 2007, written a written waiver of the following contents to the plaintiff with respect to the instant exchange contract.
D promises to waive the ownership and all rights of the instant building, etc., and the Defendant, a representative of D, also promises to waive all rights of the said building, etc.
E. H In relation to the instant sales contract on July 16, 2007, the instant building.