1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On May 4, 2015, upon the introduction of Defendant C, the Plaintiff and Defendant B drafted an agreement with the Plaintiff to purchase the pertinent land from Defendant B for KRW 290,000,000,000, and to pay KRW 40,000 as the commitment amount.

On the same day, the Plaintiff paid KRW 40,000,000 to Defendant C.

B. On May 18, 2015, the Plaintiff and Defendant B drafted a sales contract to purchase the instant land from Defendant B for KRW 250,000,000.

C. The Plaintiff paid KRW 250,000,000 to Defendant B by May 20, 2015, and Defendant B completed the registration of ownership transfer on the instant land on May 20, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff purchased the instant land from Defendant B in KRW 250,00,000, and the Plaintiff paid to Defendant B a total of KRW 290,000,000 in excess of the purchase price (= KRW 40,000,000). As such, Defendant B is obligated to return KRW 40,000,000 in excess of the purchase price to the Plaintiff as unjust enrichment. In the preliminary case, if Defendant C did not pay KRW 40,000,000 paid from the Plaintiff on May 4, 2015 to Defendant B, the Plaintiff is obligated to return KRW 40,000,000 to the Plaintiff as unjust enrichment. (2) The Plaintiff purchased the instant land from Defendant B in excess of the purchase price, and the sales contract prepared on May 18, 2015 to reduce the transfer income tax.

Therefore, the defendants did not make unjust enrichment.

B. As seen earlier, the Plaintiff drafted an agreement on May 4, 2015, setting the purchase price of KRW 290,000,000, and paid Defendant B the purchase price of KRW 40,000,000, which was already paid to Defendant B.