부당이득금
1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. 8,075,200 won and its related thereto from August 22, 2013 to October 16, 2013
1. Facts of recognition;
A. The Defendant is the owner of the land indicated in the attached list (hereinafter “instant land”). B (Defendant’s friendly ties) is the owner of the instant land, and the owner who completed registration of ownership preservation around July 1, 1996 with respect to the building listed in the attached list on the ground of the instant land (hereinafter “instant building”).
B. On May 10, 2005, B completed the registration of ownership transfer on the instant building in the name of the deceased C (Defendant and father).
D, a creditor of the above transfer registration, filed a lawsuit seeking cancellation of ownership transfer registration based on B’s subrogation right against the creditor’s creditor, and D’s claim was accepted on the ground that “B, in collusion with the deceased C in order to avoid compulsory execution from the victims, was judged to have completed the registration of transfer by lending the form of a sales contract without the intention to transfer ownership of the building of this case in fact to the deceased C, and thus, the registration of transfer should be cancelled as a cause invalidation.”
(U) On June 19, 2009, the Seoul District Court Decision 2008Da1053 Decided June 19, 2009, the appeal and final appeal are dismissed, respectively. Accordingly, the registration of ownership transfer in the name of the network C was cancelled on December 9, 2010.
C. D applied for a compulsory auction on the instant building on December 14, 2010 and rendered a decision to commence a compulsory auction on December 14, 2010 (U.S. District Court Support E). In the auction procedure, the Plaintiff’s auction on the instant building and completed the registration of ownership transfer on the instant building on February 29, 2012.
The Defendant, the owner of the instant land, filed a lawsuit against B seeking the removal of the instant building and the delivery of the instant land (U.S. District Court Decision 2012Da3333), and on April 5, 2012, B accepted the Defendant’s claim, and the said lawsuit was final and conclusive.
E. The Plaintiff filed an order to deliver real estate against “A” for the third floor of the instant building and received a decision of admitting the instant building (U.S. District Court Ansan Branch F) on July 5, 2012. However, G (the Defendant’s mother) is “A.