1. The plaintiff's claim is dismissed.

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

Plaintiff

The summary of the claim and C, who operated the development project and the plaintiff, did not have a length to prepare 160 million won of their own share of investment, invested in the development project without the consent of the defendant, while finding D, which had been in custody of the defendant's money, has been in common with the defendant, and the amount of KRW 160 million received was invested in the development project.

Although the Plaintiff did not have any reason to assume responsibility for the above investment amount against the Defendant, the Plaintiff, not a legal expert, agreed to pay the above investment amount on the ground that the Plaintiff did not return to himself/herself.

The Defendant filed a lawsuit against the Plaintiff seeking the payment of the above agreed amount and rendered a final and conclusive judgment in favor of the Defendant, and the Plaintiff deposited the principal and interest of 219,723,842 won on April 10, 2017.

The Plaintiff paid the above money to the Defendant with no knowledge of the obligation, which constitutes a non-payment of debt.

(A) The Plaintiff’s act of having the Plaintiff pay the said money with no choice but to prevent an auction of the Plaintiff’s housing, and even if the Plaintiff deposits the said money with the knowledge of the existence of an obligation, the principle of non-debted legal doctrine shall apply). In addition, the act of having the Plaintiff, who does not bear any obligation, thereby causing damages equivalent to the said amount and having the Defendant gain a profit equivalent to the said amount (the conclusion and performance of the said agreement) is an anti-social act contrary to the concept of social justice, and is null and void pursuant to Article 103 of the Civil Act

Therefore, the defendant is obligated to pay to the plaintiff the amount of unjust enrichment 219,723,842 and delay damages.

On September 16, 2012, the Plaintiff entered into an agreement with the Defendant that “The Plaintiff, who received KRW 160 million from C as the source of investment in the development project of Gyeongsung-gun, Gyeongsung-gun, shall confirm that C was an amount of money that C voluntarily paid without the consent of the Defendant, and shall refund the said KRW 160 million to the Defendant by December 31, 2012.”

The defendant is the Seoul Central District Court against the plaintiff.