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1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:
2. Following the first instance judgment No. 19 of the part to be added, the lower judgment on the offset defense raised by the Defendant in the trial following the second instance judgment No. 12 of the first instance judgment shall be added.
The defendant's defense 1) The defendant set up a defense against the plaintiff's claim for return of unjust enrichment against the plaintiff when it comes to the trial.
In other words, the defendant's defense is as follows.
On May 21, 2004, M and 13,298 square meters of forest land (hereinafter “instant Z real estate”) were determined as KRW 880,00,00 and purchased each one-half of the purchase price. The Defendant and T invested KRW 66,00,000 in each of the above Z real estate. However, after M’s transfer registration of ownership in one’s name on the instant Z real estate, M unilaterally disposed of it, and subrogated to the Plaintiff for KRW 396,810,320. The purchase price on the original Z real estate was KRW 308,00,000 [30,00,000 x 1/2] - (6,000 x 6,000 x 40,000 x 2). As such, the Defendant paid the above 300,000 won to the Defendant for an excessive amount of KRW 3081,360,000,00.
(1) The plaintiff is the Z of this case from M and AA, AB, and AC on May 21, 2004.