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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant agreed to jointly purchase the unauthorized Building E located in Dongjak-gu Seoul Metropolitan Government (hereinafter “E Unauthorized Building”) owned by D, and the Plaintiff and C were unable to register the building as the joint ownership of the E Unauthorized Building on the Unauthorized Building Register, and the Plaintiff was registered on the Unauthorized Building Register as the sole ownership of the E Unauthorized Building.
B. Around that time, the Defendant and F entered into a real estate sales contract on February 3, 2010 with the content that the Defendant purchased from F the unauthorized building located in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant unauthorized building”) for KRW 120,000,000, and thereafter, the Defendant was registered as the sole owner of the instant unauthorized building on the unauthorized Building Register.
C. After that, there was a dispute between the Plaintiff and C on the ownership of each of the above unauthorized buildings and the settlement of sales price.
【The Seoul Central District Court 2013Kahap5758, Seoul High Court 2014Na2014120, Seoul High Court 203590, Supreme Court 2015Da232040, Supreme Court 232057 (Counterclaim)] / [Grounds for Recognition] The absence of dispute, Gap evidence 1-2, Gap evidence 2-1, 2-2, Gap evidence 2-1, 2-2, Gap evidence 6, and 7, the purport of the whole pleadings, the purport of the arguments, and the whole arguments.
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff paid KRW 19,00,000, which is part of the remainder of down payment and KRW 25,000,000, out of the sales price for the instant unauthorized building. The Plaintiff paid KRW 2,00,000 as a reward for meritorious services to H who arranged a sales contract for the instant unauthorized building, and paid KRW 6,30,000 as a construction cost for the instant unauthorized building (i.e., KRW 25,00,000 in total).
However, in litigation between the Plaintiff and the Defendant, the instant unauthorized building was recognized to have been purchased solely by the Defendant.
Thus, the plaintiff suffered losses from the above total of KRW 52,300,000, which caused the defendant to do so without any legal ground.