부당이득금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts (1) The Plaintiff has a claim for indemnity amounting to KRW 240,286,881 according to the credit guarantee agreement dated April 26, 2007 and the subrogation of November 30, 2010 with respect to Company B (hereinafter “Nonindicted Company”) and F, a joint and several surety thereof.
② On January 10, 2008, the Defendant, a spouse of F, completed the ownership transfer registration (hereinafter “instant ownership transfer registration”) on the International Apartment Jho-ho (hereinafter “instant real estate”) located in HH on December 19, 207 due to the purchase and sale contract on December 19, 2007.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5
2. The Plaintiff’s assertion F acquired the instant real estate and completed the registration of ownership transfer under the name of the Defendant, a spouse, by title trust to the Defendant.
The above title trust agreement with the intention to evade compulsory execution is null and void, and the defendant, who is the title trustee under the contract title trust, acquired the ownership of the pertinent real estate, and the defendant unjustly obtained the purchase fund provided by F, the title truster.
The Defendant’s unjust enrichment amounting to KRW 352 million from the purchase price of the instant real estate, deducted KRW 287 million from the loan amounting to KRW 352 million, and KRW 65 million from the loan amounting to KRW 287 million, and the Plaintiff, on behalf of F, sought the return of the unjust enrichment to the Defendant.
3. Determination
A. Comprehensively taking account of each of the statements in Gap evidence 6 through 9, the defendant entered into a sales contract with L on December 19, 2007 with regard to the real estate of this case as KRW 352 million (the contract amount of KRW 10 million shall be KRW 30 million on the date of the contract, intermediate payment of KRW 30 million on January 9, 2008, and the balance of KRW 312 million on February 5, 2008). The fact that Eul remitted KRW 7 million to L on December 20, 2007; the defendant took over KRW 15 million on the same day from F on January 10, 2008, remitted the remainder of KRW 25 million to L on the same day; and the defendant paid the real estate of this case as security; and the real estate of this case to K on August 16, 2008.