부당이득반환청구 등
1. The plaintiff (Appointed) and the selector C's primary claim and the preliminary claim are all dismissed.
2...
1. Basic facts
A. On the grounds that the Plaintiff (Appointed Party) and the Selection C supplied C and D with goods, such as steel plates, by July 4, 2018, the Plaintiff filed a lawsuit claiming payment of KRW 19,427,450 of the price for the attempted goods, and delay damages from July 5, 2018 to the date of full payment, jointly and severally against C and D by the Incheon District Court Decision 2019Gau475, Jan. 21, 2019.
On February 10, 2020, the above court rendered a judgment citing the entire claim of the plaintiff (appointed party) and the appointed party C, and the above judgment became final and conclusive around that time.
B. On March 26, 2019, the Defendant purchased C and D’s father, from E, the F&L, and G (hereinafter “instant real estate”) for KRW 79,00,000 in the purchase price, and completed the registration of ownership transfer on April 29, 2019 with respect to the instant real estate.
(hereinafter the above sales contract between the defendant and E is referred to as "the sales contract of this case"). / [Grounds for recognition] without dispute, Gap evidence 1 and 2 (including branch numbers), Eul evidence 2, and the purport of the whole pleadings and arguments.
2. The assertion between the plaintiff (appointed party) and the Appointed C
A. The primary assertion is that the Defendant entered into the instant sales contract with E in the age of 19 and acquired the ownership of the instant real estate. The purchase price of KRW 79,00,000 appears to have been borne by C and D, whose parent is the Plaintiff. The real owner of the instant real estate, even though C and D, merely nominal trust to the Defendant, constitutes a contract title trust.
Therefore, the Defendant is obligated to return the amount equivalent to the above purchase fund to C and D as unjust enrichment, and C and D’s creditors and the appointed party C seek the return of the above unjust enrichment to the Defendant within the scope of the claim amount of the Plaintiff (Appointed Party) and the appointed party C in subrogation of C and D in an insolvent state.
(b) preliminary assertion C.