부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Comprehensively taking account of the facts not disputed between the parties and the purport of the entire pleadings in the statement No. 1-2 of the evidence No. 1-2, the Plaintiff received the registration of transfer from D on April 27, 2015 as to each real estate listed in the separate sheet (hereinafter “instant real estate”) on April 21, 2015, and the Defendants are recognized that the Plaintiff occupied and used the instant real estate prior to the registration of transfer.
According to the above facts, the defendants are obligated to deliver the real estate of this case to the plaintiff and return unjust enrichment equivalent to the rent of the real estate of this case, unless there are special circumstances.
As to this, the Defendants’ assertion to the effect that the sales contract between the Plaintiff and D constitutes a false declaration of conspiracy, and thus, the registration of ownership transfer under the Plaintiff’s name is null and void. Thus, the Plaintiff cannot respond to the Plaintiff’s claim based on the premise that the Plaintiff
Accordingly, in full view of the facts without dispute between the parties and the whole purport of the pleadings as to Gap evidence 1-2, Eul evidence 1-2, Eul evidence 1, 3, 5-2, Eul evidence 4-1, and Eul evidence 4-2, D purchased the real estate of this case jointly with his/her spouse on January 15, 2010 and did not hold the registration certificate of transfer of ownership on March 10, 2010; D borrowed 70,000,000 won with the purchase fund from Dong F or G at the time of the above purchase, but it did not disclose the source of the purchase fund of the real estate of this case except for the above borrowed funds. The defendants did not pay the above loan or profit of the real estate of this case to Eul through E on March 15, 2015, the plaintiff was transferred the ownership of the real estate of this case to Eul to the husband of this case without paying the above loan or profit of 70,000,000 won, 639,39,30.