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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. On June 25, 2006, the Plaintiff’s Newber land C and the Defendant’s father D agreed to divide the Defendant’s share of 420/1190, the Defendant’s share of 770/190, and the E divided 1190 square meters in ASEAN-si, the Defendant’s share of 770/190 shares, and the G road of 205 square meters in ASEAN-si, the Defendant owned, to exchange the part owned by the E with the land owned by C. D., and D may store a stable and manage the land. However, D agreed to assume the responsibility of C’s construction cost if D sells the land to another person.
(hereinafter referred to as the “Agreement”). B.
The instant land was owned solely by the Plaintiff, as the instant land was divided into a F-Do 456 square meters in Ansan-si on May 7, 2007 (hereinafter “instant land”) and a H-Do 734 square meters in Asia-si.
C. On October 15, 2007, the Defendant sold the instant land to I, and thereafter, the instant land became 583 square meters prior to Asan-si by means of land category change and merger.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 9-1, 2, Gap evidence 1-2, Gap evidence 10, 12, the purport of the whole pleadings
2. The assertion and judgment
A. On June 25, 2006, the Plaintiff’s new Iber land C and the Defendant’s father D allowed the Plaintiff to sell the instant land to C, with a string and molding the land.
Accordingly, C believed that it would be possible to purchase the instant land, and 8,400,000 won of the instant land was built for a stable and molding construction on the instant land. After that, the Defendant concluded a sales contract on the instant land with the Plaintiff. The Defendant sold the instant land to I without the Plaintiff’s consent.
Accordingly, the defendant gains a profit equivalent to KRW 8,400,000, and thus the defendant must return it to the plaintiff as unjust enrichment.
B. If the determination of the contractual performance becomes the benefit of a third party as well as the other party to the contract, the party who provided the benefit shall be the other party to the contract.