부당이득금
The judgment of the first instance court shall be amended as follows upon the claim that was changed by exchange in this court.
A. The instant case.
1. Basic facts
A. C, the Defendant’s spouse, was changed to E by June 4, 2018.
A loan was granted in the amount of KRW 49,400,000 on June 26, 2013, and KRW 44,900,000 on July 24, 2014, respectively, without distinguishing between before and after the change of trade name (hereinafter “D”).
B. B. Between F and F on August 28, 2017, C entered into a sales contract with F to sell Seo-gu apartment H (hereinafter “instant real estate”) for KRW 183,000,000 (hereinafter “instant sales contract”), and received KRW 20,000,000 from F on the same day.
(c)
F. On September 1, 2017, on the instant real estate, F completed the registration of the transfer of ownership based on the instant sales contract.
(d)
The Defendant leased the instant real estate from F on September 1, 2017, KRW 10,00,00 for the lease deposit, KRW 550,00 for the monthly rent, and KRW 550,00 for the lease term from September 1, 2017 to August 31, 2019 (hereinafter “the instant lease agreement”; hereinafter “the instant lease agreement”). E. The Plaintiff transferred the instant lease deposit under the instant lease agreement to C, on June 21, 2018, the obligation of KRW 19,917,868 for C (the principal amount of KRW 15,186,230 for the overdue interest, KRW 4,057,638 for the overdue interest, KRW 638) to C upon receipt of the instant claim from D and upon receipt of notification of the transfer of the right from D, and notified C of the transfer of the claim.
F. On January 11, 2019, the Plaintiff filed a lawsuit for cancellation of the instant sales contract with the Seoul Northern District Court on the ground that he/she acquired the claim against C as above, and was sentenced to a judgment in favor of the Plaintiff on June 19, 2019, and the said judgment became final and conclusive at that time (Seoul Northern District Court 2019DaGa case 328230). The Plaintiff filed a lawsuit against F on March 15, 2019 for cancellation of the instant sales contract and restitution of the claim against F, but on June 4, 2019, the conciliation includes the contents of waiver of the Plaintiff’s claim.