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Reasons
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(영문) 서울고등법원 (춘천) 2018.01.24 2017나877
부당이득반환
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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. C’s acquisition of the instant building permit and the Plaintiff’s acquisition of the instant land ownership) C is deemed to combine the said two parcels with 251 square meters, and 26 square meters prior to F, Gangseo-si, Gangnam-si. (hereinafter “instant land”).

) D and C, the owner of the instant land, sold a multi-household house on the instant land, and agreed to D to sell a multi-household house at KRW 27 million. Accordingly, C’s multi-household house with the total floor area of KRW 527.33m2 on the instant land from June 12, 2003 to L’s place.

2) Newly constructed (hereinafter referred to as “instant construction”)

(2) The construction permit of this case (hereinafter referred to as “instant construction permit”)

2) Upon receipt of the instant construction contract, C contracted the instant construction to the KD Construction Co., Ltd. (hereinafter “KD Construction”), and the KD Construction completed the instant construction up to the fifth floor structural frame of the instant building, but C was unable to pay the construction cost due to its financial standing.

3) On December 9, 2003, KD Construction purchased the instant land from D with a purchase price of KRW 28 million, and completed the registration of transfer of ownership in the name of KD Construction on the same day. 4) On January 20, 2004, the Plaintiff loaned to KD Construction KRW 130 million as the construction cost of the instant building, and promised to sell the instant land at KRW 130 million to the Plaintiff on January 20, 2004. On March 20, 2004, the date of the completion of the purchase and sale promise was to be regarded as exercising the right to complete the reservation even if the Plaintiff’s expression of intent to complete the purchase and sale expires on March 20, 204. Accordingly, the Plaintiff completed the registration of transfer of ownership on the instant land in the name of the Plaintiff on January 20, 204.

5 On January 20, 2005, the Plaintiff completed the registration of ownership transfer based on the above provisional registration on the ground of sale on the same day.

The Plaintiff lent KRW 38 million to C as the construction cost of the instant building.

(b).

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