부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the case where a “this court” is deemed to be a “court of the first instance” among the reasons for the judgment of the first instance. Thus, this part of the reasoning for the judgment of the first instance is cited in accordance with the main sentence of Article 420 of the Civil Procedure
2. The plaintiff's assertion
A. The primary claim B entered into a title trust agreement with the Defendant, one’s wife, and purchased the instant real estate and completed the registration of ownership transfer in the future of the Defendant in order to evade the claim for reimbursement against the Plaintiff.
Even if the above title trust agreement is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, as long as the seller is bona fide, the registration of ownership transfer in the name of the defendant is valid. As such, the defendant is obligated to return the purchase price of KRW 330,000,000 to B as unjust enrichment. The plaintiff as the creditor against B, in subrogation of the insolvent B, seek for the payment of the above KRW 330,000,
B. Preliminary Defendant received KRW 330,00,000 from B on September 28, 2009 as the purchase fund of the instant real estate from B, and at the time, B exceeded its obligation. Therefore, the said donation contract concluded between the Defendant and B constitutes fraudulent act.
Therefore, the Plaintiff claims for the payment of KRW 30,000,000 to the Defendant for the cancellation of the above gift contract and the recovery therefrom.
3. Determination
A. In order to reverse the presumption of a specific property under Article 830(1) of the Civil Act to determine the primary claim, the other spouse bears the price for the pertinent real estate and proves that the other spouse acquired the said real estate to actually own the said real estate. As such, the mere fact that the other spouse is the source of the purchase fund is the original spouse is reversed, and a title trust is made with respect to the pertinent real estate.