beta
(영문) 의정부지방법원 2015.10.23 2015가합50108

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 4, 1998, the plaintiff filed a lawsuit against the above B, etc. on the claim for indemnity against the Japanese co-ownership, B, C, and D (hereinafter "B, etc.") with the Seoul District Court Decision 97Da298617, which decided on December 4, 1998, and the above decision became final and conclusive on January 8, 200.

B, etc. shall jointly and severally pay to the Plaintiff 32,721,780 won and 32,459,178 won among them, 21% per annum from November 24, 1992 to February 28, 193; 20% per annum from the next day to July 31, 1993; 17% per annum from the next day to January 31, 1998; and 25% per annum from the next day to March 31, 2010.

B. In order to extend the extinctive prescription of claims based on the above final judgment, the Plaintiff filed a lawsuit seeking reimbursement against the above B, etc. with Seoul Western District Court 2010Kadan13650, which was sentenced to the following judgment on June 29, 2010, and the said judgment became final and conclusive on August 12, 2010.

B, etc. jointly and severally paid to the Plaintiff KRW 34,265,080 (32,721,780) and KRW 1,543,30 (32,459), and KRW 21% per annum from November 24, 1992 to February 28, 1993; KRW 20% per annum from the next day to July 31, 1993; KRW 17% per annum from the next day to January 31, 1998; and KRW 25% per annum from the next day to March 31, 2010; and KRW 20% per annum from the next day to the day of complete payment.

C. Meanwhile, on December 31, 2009, the Defendant completed the registration of ownership transfer based on the sale on December 16, 2009, with respect to the 103-dong 205 apartment units (hereinafter “instant apartment units”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2-1, facts with merit in this court, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion B is a title trust agreement with the Defendant, who purchased the instant apartment with the funds concealed, with the aim of evading compulsory execution. The registration of ownership transfer under the Defendant’s name.