부당이득금
1. The part of the judgment of the court of first instance that participated by the independent party shall be revoked.
2. The lawsuit of this case by the independent party intervenor.
1. Basic facts (1) The Plaintiff is the actual owner of C Co., Ltd. (hereinafter “C”) and E Co., Ltd. (hereinafter “E”) on the same day after having been declared bankrupt by the Ulsan District Court Decision 2013Hamhap1, Feb. 21, 2013; hereinafter “C”), and F is the director of C and E’s management division from June 7, 200 to December 11, 2007, and was in charge of accounting and fund management. The Plaintiff was registered as the representative director on the E’s registry from March 22, 2007 to December 17, 2007. However, it was registered as the representative director on the E’s registry, but the Plaintiff was performing duties, such as issuing promissory notes, in accordance with the direction of the Plaintiff.
② On February 9, 2004, F was awarded a successful bid for G forest 16,287 square meters and H forest 415 square meters (hereinafter “instant real estate”). At the time, the Plaintiff was liable for the successful bid price.
③ C and K Co., Ltd. (the representative director thereof is the Defendant) issued a financing bill that does not involve real transactions for the purpose of raising funds. The Plaintiff introduced F to the Defendant, who was in common friendship, as a person in charge of accounting of C, and the Defendant has made a transaction, such as issuing a mutual financing bill between C and K through F.
④ The F completed the registration of ownership transfer on December 13, 2007 with respect to the instant real estate on the ground of sale on December 13, 2007, in order to secure the obligation to pay bills to K Co., Ltd. on December 14, 2007.
⑤ On April 12, 2008, the Defendant and F entered into an agreement for settlement, such as setting the amount of the face value of the Promissory Notes against K, etc. as KRW 166,412,000, and the Defendant, under F’s understanding on April 16, 2008 following the settlement agreement, set forth a right to collateral security of KRW 1 billion with respect to the land for Ulsan-gun L, Ulsan-gun, Inc., and its ground buildings as of December 12, 2007, with the owner and the debtor as of December 12, 2007, and the creditor J set the maximum debt amount of KRW 1 billion with the creditor J.