부당이득반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff’s claim against B, etc. filed a claim for reimbursement against B, etc. with this court’s 2005da3932, and the judgment of B, “B shall pay to the Plaintiff 315,472,374 won and damages for delay of KRW 314,143,834 out of them,” and the above judgment became final and conclusive on June 24, 2005.
B. On September 21, 2012, the Defendant’s acquisition of the Defendant’s real estate in the above B-B, entered into a sales contract with D to purchase C 1109 Dong 1003 (hereinafter “instant apartment”) from D for KRW 250 million. On the same day, the registration of ownership transfer in the Defendant’s name was completed for the instant apartment on the grounds of the said sale.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The gist of the plaintiff's assertion B is that the apartment of this case purchased the apartment of this case under the condition that the plaintiff bears the liability for indemnity as above and completed the registration of ownership transfer by trust with the defendant. As such, the registration of ownership transfer in the name of the defendant, which is completed, shall be a valid registration pursuant to Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name through a contract title trust. Thus, the plaintiff seeks to cancel the title trust agreement between B and the defendant in subrogation of B and refund the purchase price of the apartment of this case, 250 million won, and damages for delay which the defendant unjust enrichment
B. As seen earlier, the fact that the registration of ownership transfer was completed on September 21, 2012 with respect to the instant apartment was completed on or around September 21, 2012. However, there is no evidence to acknowledge that B purchased the instant apartment from D around September 2012 and entered into a title trust agreement with the Defendant and completed the registration of ownership transfer with respect to the said apartment in the name of the Defendant.
The plaintiff is a apartment house owned by the network F in collaboration with E.