부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasons why the court should explain this part of the underlying facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except where the part of the grounds for the judgment of the court of first instance concerning the second, 11, 12, 16, 4, 3, and 5 "this court" in Paragraph 1 of Article 2 of the Reasons for the judgment as the "Dong Branch of the District Court of Busan" is the same as stated in Paragraph 1 of Article 420 of the Civil Procedure Act.
2. The plaintiff's assertion and judgment
A. The Plaintiff asserts that each of the instant real estate was held in title trust in the Defendant, his spouse, for the purpose of evading compulsory execution after the purchase by C, and that the title trust agreement between C and the Defendant is null and void, but the seller is in good faith and the registration of ownership transfer on each of the instant real estate is valid. However, the Defendant is obligated to return the purchase price equivalent to C with unjust enrichment. Thus, the Plaintiff asserts that, as a creditor against C, the Plaintiff is claiming for the payment of the purchase price of the instant G apartment and the purchase price of the instant H apartment in subrogation of the Defendant, who is insolvent, and damages for delay
The following circumstances are as follows: (a) the Defendant is the spouse of C; (b) the Plaintiff filed a claim for the contract deposit against J; (c) the J is deemed a company established by C to evade the Plaintiff’s obligations; and (d) C is subject to criminal punishment for bringing in and concealing personal funds abroad through the J account; (c) on the other hand, the witness of the first instance trial, the witness of K of the first instance trial, the entire purport of the pleadings; (d) the Defendant acquired the lawyer’s qualification certificate from 1999 to 200 to 3; and (e) C is a limited company established in the Korea National Oil Corporation on June 1, 2009.