분양대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant living together on March 17, 2018, but did not report the marriage.
B. The Plaintiff filed a lawsuit claiming consolation money due to the destruction of de facto marital relationship against the Defendant, and the Defendant also filed a lawsuit claiming consolation money and a division of property against the Plaintiff, and the said lawsuit is currently pending.
Seoul Family Court (Seoul Family Court 2019ddan54692, 2019ddan65180).
On November 2018, the Plaintiff, along with the Defendant, agreed to purchase the C Building D and E (hereinafter “instant real estate”) of the Yansan-gu, Jeonju-si, Jeonju-si, and the Plaintiff entered into a contract under the name of the Plaintiff and the instant real estate under the name of the Defendant.
The Plaintiff, as the purchase price of the instant real estate, remitted KRW 10 million to the account in the name of F Co., Ltd., the seller, and KRW 18.5 million on November 1, 2018, and KRW 4.5 million on December 14, 2018, to the account in the name of F Co., Ltd., the seller, and transferred KRW 4.5 million to the account in the name of the Defendant on November 2, 2018.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 and 6 (including each number), the purport of the whole pleadings
2. The Defendant’s assertion on the Defendant’s violation of jurisdiction defense to the effect that the instant lawsuit constitutes a property division claim based on the de facto marital relationship resolution, and that there is no jurisdiction over this court. However, the Plaintiff’s ground for claim should comply with the Plaintiff’s assertion, and it cannot be readily concluded as the ground for claim by analyzing the substance of the Plaintiff’s claim. As such, the Plaintiff explicitly stated that the cause of claim constitutes a property division claim based on a title trust rather than a property division claim, and that it constitutes a claim for unjust enrichment arising from the termination of title trust. Therefore, the Defendant’
3. Determination on the cause of the claim
A. The Plaintiff and the Defendant concluded a title trust agreement with respect to the instant real estate and concluded such agreement.