부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff has a claim for KRW 973,852,00 and damages for delay as to the fact-finding B.
B is a debt excess situation.
On June 7, 2000, the Defendant completed the registration of ownership transfer based on the successful bid on May 22, 2000 with respect to the Seongbuk-gu Seoul Metropolitan Government 73 square meters and D 9 square meters on June 7, 200.
The successful bid price is KRW 78,00,000.
B and the Defendant, from the time the Defendant acquired each of the above real estate by auction, have the real ownership of each of the above real estate, but there was an agreement on title trust under which only the title was trusted to the Defendant.
On July 1, 2011, the provisional registration of the right to claim transfer of ownership was completed on each of the above real estates.
The grounds for registration are trade reservation on June 30, 201.
[Reasons for Recognition] Unsatisfy, Gap evidence 1-2, Gap evidence 2, Gap evidence 3-1, 2, Gap evidence 4, Gap evidence 5-1 through 4, Gap evidence 5-6, fact inquiry results against the Minister of Land, Infrastructure and Transport, and the purport of whole pleadings
2. According to the above facts of recognition as to the cause of the claim, B had a claim against the Defendant for return of unjust enrichment of KRW 78,000,000 (see, e.g., Supreme Court Decisions 2006Da73102, Sept. 10, 2009; 2012Da69197, Nov. 15, 2012), and the Plaintiff may exercise the right to return unjust enrichment by subrogation of B.
Therefore, barring any special circumstance, the Defendant is obligated to pay KRW 78,000,000 to the Plaintiff.
3. Determination as to the defense of extinctive prescription, however, the extinctive prescription is underway from May 22, 200, and since the instant lawsuit was filed on October 23, 2014, the said claim for return of unjust enrichment had already expired.
4. The plaintiff asserts that the defendant's act of completing the provisional registration of the right to claim ownership transfer on July 1, 201 with respect to each of the above real estate constitutes the waiver of the prescription interest.
However, the waiver of prescription interest is subject to prescription.