부당이득반환 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 19, 2016, the Defendant made a registration of preservation of ownership on the D Apartment Nos. 403, 1601 (hereinafter “instant apartment”).
B. On October 1, 2014, E deposited KRW 45 million to F as the first buyer of the instant apartment.
C. On October 15, 2014, the Plaintiff deposited KRW 137 million in the name of G in the account at the request of Dong Jae E, and the following day G paid the said money to F.
【Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 4, purport of the whole pleadings】
2. The party's assertion and judgment as to it
A. (1) The Plaintiff asserted (1) from October 2013 to October 2014, 2014, deposited the amount equivalent to KRW 80 million in H account, ASEAN’s ASEAN, and lent it to E. On October 2014, Haman purchased the instant apartment purchase right, which is sufficient investment value, from F, a member of the instant association, and paid the down payment amount of KRW 137,00,000,000, inasmuch as the Plaintiff paid the remainder of KRW 137,000,000, and received the right of sale. Of the remainder of the sales price, 35,50,000,000 won out of the remainder of the sales price, he/she received a loan from the bank, and requested Haman to live in and live in his/her family.
Accordingly, on October 15, 2014, the Plaintiff deposited KRW 137,000,000 in the G passbook as a licensed real estate agent, and G deposited the said money to F on October 16, 2014.
On the other hand, around 2016, E completed registration of preservation of ownership in the name of the apartment in this case under the name of its partner I, who is not the principal, due to its credit problems, and only the defendant is the nominal owner who is not at all responsible for the purchase price of the right of sale.
Ultimately, for the purchase of the apartment of this case, the Plaintiff acquired the status of the purchaser of the right to purchase the apartment of this case by paying to the seller of the right to purchase the apartment of this case 182 million won, excluding the Defendant’s loans, and the Defendant is the owner of the right in form.