부당이득금반환청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 2, 2008, the Plaintiff and the Defendant completed the registration of ownership transfer for each share due to the compulsory sale by official auction on the same date, with respect to each share of 1/2 shares of Yeongdeungpo-gu Seoul Metropolitan Government C Underground Underground Underground Underground Underground Underground First Floor D, Underground Second Floor D, and Underground Three Floor D (hereinafter collectively referred to as “instant real estate”).
In the future, the defendant, who is the father of the plaintiff at the time and time, prepared a power of delegation to the effect that "all rights, such as ownership, management and utilization of the real estate in this case, provision of security, and all related affairs," and as delineated below, E has actually managed the real estate in this case until the time when the real estate in this case is sold to others by auction.
Around September 2008, the Defendant issued a written confirmation to the effect that “The instant real estate is owned jointly by the Plaintiff and the Plaintiff, 10 million won is recovered by the principal, i.e., the ownership of the principal at the same time, i.e., the waiver of ownership, and i.e., the owner of the real estate to whom you are designated.”
Around January 2009, the Plaintiff as a lessee is the Plaintiff, and the Defendant as a lessor was the Defendant, and an agreement was drawn up with the content that the Plaintiff uses the entire real estate of this case without compensation under the following conditions:
B Around April 16, 2010, the Plaintiff received a loan of KRW 190,000,000 from the Seoul Credit Guarantee Foundation as collateral, and paid KRW 50,000,000 among them to the Defendant. On January 9, 2014, the Plaintiff again received a loan of KRW 150,000,000 from G, etc. as collateral, and paid KRW 50,00,000 among them to the Defendant.
The instant real estate was sold in KRW 1,190,00,000 in the auction procedure of the real estate in Seoul Southern District Court H and I (Dual). In the distribution procedure conducted on December 18, 2015 (hereinafter “instant distribution procedure”), a distribution schedule was formulated with the following content:
The name of the parties shall be based on the instant case.