부당이득금반환
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 (name C before the opening of the name) are the natives, and the Defendant, from around August 22, 2006, had from around 2006, left D, the Plaintiff’s father’s wife’s wife, and from March 2, 201, from around March 2, 201, the Defendant’s family living together with the Plaintiff, D, and the Defendant’s family under the Kimhae-si 307dong 1103 (hereinafter “instant apartment”).
B. On April 13, 2006, the Defendant purchased the right to purchase the apartment of this case, which was sold in lots from the F on April 19, 2004, from the F around April 19, 2004, in price of KRW 200,804,000, and paid KRW 30,804,000 as a down payment, etc. on the same day to F on the same day, and paid the remainder of KRW 56,40,000 to the Treatment Construction on April 12, 2007, while paying the remainder of KRW 112,80,000 as a loan on the termination point of the Kim Bank, instead of paying the remainder of the remainder.
In addition, on May 11, 2007, the aggregate amount of KRW 5,341,390 was paid for taxes, such as the registration tax of the apartment in this case and the registration fee for the application for registration.
C. On May 31, 2007, the Defendant completed the registration of ownership transfer in its name on the ground of sale as of April 19, 2004 with respect to the apartment of this case.
【Ground of recognition】 Facts without dispute, entry of Gap’s evidence 1 through 10, 17, and 18, the purport of the whole pleadings
2. The Plaintiff’s assertion and judgment made on April 2006, the Plaintiff concluded a title trust agreement with the Defendant on the instant apartment, and accordingly, provided the Defendant with a total of KRW 203,841,390, such as the purchase price, to purchase the instant apartment. Thus, the Defendant asserts that he/she has a duty to return the said money received from the Plaintiff based on an invalid title trust agreement.
The plaintiff paid 14,00,000 won to the defendant around April 13, 2006 and 50,960,000 won to the defendant around April 5, 2007. The plaintiff repaid 16,515,547 won out of the defendant's loans extended to Busan Bank from December 13, 2007 to May 15, 2009, and also D.