부당이득금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the Plaintiff: (a) concluded a credit guarantee agreement with the said company in receiving a loan from the Gyeongnam Bank; and (b) agreed to provide a joint and several surety for the said guarantee; (b) on December 2, 2009, the said company paid the Plaintiff to the Gyeongnam Bank upon the request for performance of the guarantee by the Gyeongnam Bank; and (c) on May 10, 2014, the Plaintiff, as of May 10, 2014, issued a claim for reimbursement amounting to KRW 464,710,020 against B.
B, the primary assertion that was insolvent, performed the so-called title trust agreement with the Defendant, who is a child, purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) in the name of the Defendant and completed the registration of ownership transfer in the future.
Since a title trust agreement between B and the Defendant is null and void, B has a claim for return of unjust enrichment equivalent to the purchase fund provided to the Defendant.
Therefore, the defendant is obligated to pay KRW 200 million and delay damages to the plaintiff who subrogated B for the preservation of the above indemnity claim.
B. Where the facts of a title trust agreement between the conjunctive assertion B and the Defendant are not recognized, the Defendant donated KRW 200 million from insolvent Party B with the purchase price for the instant real estate on December 28, 2009. Therefore, each of the above donation agreements should be revoked by fraudulent act detrimental to the general creditors, including the Plaintiff, and the Defendant is obligated to recover the Plaintiff to its original state, with the return of the said donation amount of KRW 200 million and its delay damages.
2. The fact that the registration was based on the title trust is presumed to have been acquired by legitimate procedures and causes, since the person who registered as the owner of the real estate with respect to the judgment on the primary assertion is presumed to have been acquired by the said owner.