부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. B and the Defendant married on June 25, 1991, and B established and operated C Co., Ltd. on January 1993, and closed the said company on March 2008.
B. On October 12, 1999, the Defendant, who was married with B, purchased the Seocho-gu Seoul Metropolitan Government D Building 402 (hereinafter “D building”) and completed the registration of ownership transfer. B, on January 23, 2006, purchased the Seocho-gu Seoul Seocho E building 1915 (hereinafter “E building”) and completed the registration of ownership transfer.
C. Since around 2005, C Co., Ltd. operated by B closed its business due to its difficult operation. On May 8, 2006, B entered into a divorce with the Defendant on May 8, 2006, the Defendant agreed to pay KRW 300 million in cash to the Defendant with the ownership of the D building under the pretext of consolation money and property division
(hereinafter “instant agreement”) D.
B On April 17, 2008, after the divorce, filed a provisional registration of the right to claim transfer of ownership with F on April 17, 2008, and B completed the principal registration after the Defendant was transferred the above provisional registration from F on July 8, 2010.
E. On December 27, 2013, the Defendant sold the building E at KRW 220 million.
F. B resided in a D building from July 2006 to April 201 on the resident registration basis, and moved into the E building on April 8, 2011, and moved into the building again on February 21, 2012, and has been residing until now.
G. B: (a) around February 18, 2016, “B” agreed on the property division between the Defendant and the Defendant and the Defendant around 2006; (b) instead of KRW 300 million, the Defendant received a provisional registration of the building B owned by F on July 8, 2010, and subsequently transferred the ownership of the building E to the Defendant on the ground of the provisional registration of the building B owned by F on July 8, 2010, constitutes an act of hiding property belonging to the bankrupt estate or disposing of it disadvantageously to the creditors with the intent to obtain his/her own interest or other person’s interest, or to harm the creditors.