부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion holds a claim for KRW 30,043,770 against C as of September 25, 2017, and C concluded a title trust agreement with the Defendant on around 2013, and upon paying the purchase price of real estate to the Defendant. The Defendant purchased Changwon-si D apartment E with the money received from C and completed the registration of ownership transfer on January 17, 2014.
However, since the title trust agreement between C and the defendant is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the defendant is obligated to return to C the purchase price of real estate received from C under the title trust agreement. Thus, the plaintiff against C, the creditor against C, by subrogation of C, who is insolvent, seek the return of KRW 30,043,770 out of the purchase price of real estate
2. The Plaintiff bears the burden of proving that the title trust contract was concluded between C and the Defendant, and that C paid the amount under the title trust contract to the Defendant.
There is no evidence to prove each of the above facts.
(A) The Plaintiff asserts that the Plaintiff loaned KRW 10,00,00 to C, and KRW 35,000,000,000 to the Defendant as real estate purchase price, according to the Plaintiff’s evidence Nos. 2-1 and 2-2, and that C paid the money to the Defendant as real estate purchase price. However, each of the above evidence alone is insufficient to recognize the fact that the other party who lent the money to F and G was C, or that C paid the money to the Defendant under the title trust agreement with the Defendant. 3. Thus, the Plaintiff’s claim of this case is dismissed as there is no justifiable reason.