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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the first instance except for the addition of "a determination on the argument that the plaintiff emphasizes in the trial" under paragraph 2 below, and therefore, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the assertion that the plaintiff emphasizes in the trial
A. Unlike the case of general unjust enrichment, the Plaintiff’s assertion 1) differs from the case of unjust enrichment, and in the event that the recipient does not prove or prove the cause of payment claimed by the recipient, it is presumed that the cause of payment claimed by the recipient is the fact. Therefore, if the recipient does not prove that he/she has a legitimate right to hold the payment, the recipient must return the payment to the provider as unjust enrichment. 2) In this case, the Plaintiff asserts that, even though it is impossible for the Defendant to change the urban planning of the instant land, it is necessary for the change of the urban planning of the instant land to obtain KRW 200 million from the Plaintiff.
On the other hand, while recognizing the fact that the defendant received KRW 200 million from the plaintiff, the defendant did not receive the above KRW 200 million at the cost of changing the urban planning of the land of this case from the plaintiff, but argued that the defendant received the above KRW 200 million at the cost of transferring the shares of the FF corporation to E, who is the plaintiff.
3) As such, the Plaintiff and the Defendant asserted the cause of 200 million won payment between the Plaintiff and the Defendant. The Defendant did not prove or prove the cause of the payment alleged by the Defendant, and the Defendant did not prove that there was a legal cause for the lawful possession of KRW 200 million, and thus, the Defendant is obligated to return the said KRW 200 million to the Plaintiff as unjust enrichment. (B) Article 741 of the Civil Act provides that the Defendant is obliged to return the said KRW 200 million to the Plaintiff without any legal cause.