1. Revocation of the first instance judgment.

2. The plaintiff's claim (including the part extended by this court) is dismissed.

3...

1. Facts of recognition;

A. The Plaintiff purchased the subscription passbook under the Defendant’s name before around 2004.

B. On August 12, 2005, the Plaintiff entered into a contract with E Co., Ltd. (hereinafter “E”) to purchase the above apartment unit D (hereinafter “instant apartment”) in the name of the Defendant, around 2004, to purchase the apartment unit D in the purchase price of KRW 266,80,000,00.

C. On July 19, 2012, the Defendant sold the instant apartment to F in KRW 217,50,000, and ordered F to transfer its ownership to F.

[Ground of recognition] Facts without dispute, Gap 1, 11, 16 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion 1) The Plaintiff purchased the instant apartment under the name of the Defendant, and paid part of the purchase price (120 million won) by obtaining a loan from the Defendant under the name of the Defendant with the said apartment as security. The Defendant, even before disposing of the apartment, obtained the following profits without any legal cause, and incurred losses to the Plaintiff. Therefore, the Defendant, due to return of unjust enrichment or compensation for damages, is obligated to pay to the Plaintiff a total of KRW 29,815,01 [the amount of KRW 13,515,00 (the amount of KRW 41,707,874 - 28,192,863] (the amount of KRW 11,30,000 (the amount of KRW 5,000) interest on the sales price).

① On January 10, 2007, the Plaintiff paid KRW 5,000,000 to the Defendant on January 10, 2007, as a fine, on the part of the Defendant’s horse that the offer passbook becomes null and void if a fine imposed on the Defendant according to an unlawful transaction of the passbook.

② Although the sum of the interest accrued from the instant apartment mortgage loan is merely KRW 28,192,863, the Plaintiff paid KRW 41,707,874 to the Defendant as interest.

③ After selling the apartment of this case to KRW 217,50,000,000, the Defendant deducted the remainder of KRW 11,300,000 from the security loan and KRW 119,20,000.