부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Defendants between the parties concerned are married couple with co-ownership share of 1/2 with respect to the Daejeon Jung-gu D Ground E Apartment (hereinafter “instant building”), and the Plaintiff is a construction business operator who performed interior construction work of the instant building and installation work of elevators.
On July 16, 2003, F Co., Ltd. (Representative G) had registered the ownership transfer of D large 686.9 square meters (hereinafter “instant land”) from G, Jung-gu, Daejeon, Daejeon, for the construction of the instant building, and had completed the registration of ownership transfer on the said land, and had the creditor of the said company commenced the auction procedure ( Daejeon District Court H) applied for the instant land and suspended the construction.
Defendant C and I received 1/2 shares of the instant land in the auction procedure on November 20, 2006 and completed the registration of ownership transfer on November 22, 2006.
On June 19, 2007, the ownership transfer registration was completed on June 19, 2007 with respect to the portion I by Defendant C, and on June 25, 2007, to K, who is the omission of Defendant C, with 1/4 shares, respectively.
On November 12, 2008, Defendant C and Defendant C sold the instant land at KRW 1150 million to L, but L entered into an agreement with the effect that “A construction work of the instant building is completed on the instant land and a loan is made as security and the purchase price is paid. L, for any reason after the commencement of the instant building, may not suspend the construction, and if the construction is suspended without permission for at least 15 days, may succeed to the ownership and the right to permit the instant building.”
(hereinafter “the Agreement of November 12, 2008”). “L borrowed 1.15 billion won from Defendant C” on the same day.
“A notarial deed of a monetary loan agreement has been drawn up.”
Defendant C and L intend to change the name of the owner of the instant building, which was registered in the name of F Co., Ltd., Ltd., in the name of M, which is the wife of G students.