1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 6, 2009, the Defendant delegated D with sale of 476 square meters of land owned by it (hereinafter “instant land”).

B. The Plaintiff remitted total of KRW 146 million to the Defendant on August 7, 2009, KRW 50 million on October 29, 2009, KRW 50 million on December 1, 2009, KRW 58 million on December 1, 2009, and KRW 18 million on December 21, 2009.

C. On January 7, 2010, the Plaintiff completed the registration of ownership transfer based on the sale with the Defendant under its own name with respect to the instant land.

On January 7, 2010, the Plaintiff was granted a loan of KRW 100 million on the instant land by completing the registration of creation of a neighboring mortgage of KRW 130 million in the front of the maximum debt amount, and the appraised value of the instant land was KRW 133,958,000 at that time.

[Ground for recognition] Unsatisfy, Gap 1, 2, and 3 (including virtual numbers), and the result of the order to submit financial transaction information to the head of the Agricultural Cooperative in the Agricultural Cooperative in April 9, 2014, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion 1) The purchase price of the instant land was KRW 97 million, but the Plaintiff paid KRW 146 million by mistake to the Defendant. 2) Accordingly, the Defendant is obliged to pay the Plaintiff the amount of unjust enrichment of KRW 49 million ( KRW 146 million-97 million) and delay damages.

B. The evidence Nos. 1-3 (including additional numbers) alone is insufficient to recognize that the purchase price of the instant land was KRW 97 million, but the Plaintiff paid KRW 146 million to the Defendant by mistake, and there is no other evidence to acknowledge otherwise.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.