부당이득금반환
1. The main part of the lawsuit in this case shall be dismissed.
2. The plaintiff's conjunctive claim is dismissed.
3...
1. Basic facts
A. On November 18, 2002, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “C”) with respect to the obligation of loans to the Bank, and the father, etc. of B (Defendant’s father) jointly and severally guaranteed all the obligations under the credit guarantee agreement with C.
C on June 9, 2005, in arrears, lost the interest of the loan, and the Plaintiff paid 349,998,980 won to the Bank on October 12, 2005 by subrogationing C.
On October 6, 2005, the Plaintiff filed a lawsuit (Seoul Central District Court 2005Gahap90020) against C and B, etc. (joint guarantor) for the claim such as the amount of reimbursement.
On May 2, 2006, the court rendered a ruling that "C, B, etc. shall jointly and severally pay to the Plaintiff 351,385,630 won and 349,98,98,980 won among them shall be 15% per annum from October 12, 2005 to December 12, 2005, and 20% per annum from the next day to the date of full payment. The ruling became final and conclusive on May 26, 2006.
B. On August 23, 2010, the Defendant purchased real estate attached to D (hereinafter “instant apartment”) at KRW 180,000,000 from D, and completed the registration of ownership transfer on October 8, 2010 as to the instant apartment on the ground of the said sale (the purchase price of KRW 180,000,000,000,000,000,000 was paid as B’s deposit for lease, and KRW 60,000,000,000,000,000 was paid as the money borrowed as security).
C. The defendant is currently living in the apartment of this case together with B.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The primary claim B purchased the apartment of this case with his own money and concluded a title trust agreement with the Defendant, one of his children, to avoid the compulsory execution of the creditors, and completed the registration of ownership transfer under the name of the Defendant.
Therefore, the defendant acquires the ownership of the apartment of this case.