부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff filed a lawsuit against the Plaintiff, U.S.A. and B, as Seoul Central District Court Decision 2010Da1107975, stating that “A corporation and B shall jointly and severally pay to the Plaintiff damages for delay from August 23, 1999 to the date of full payment, with respect to KRW 7,598,598, and KRW 7,390,255,” and the Plaintiff and B shall have the claim for indemnity against the Plaintiff. The decision of performance recommendation becomes final and conclusive on December 31, 2010, and the Plaintiff shall have the claim for indemnity against B.
B. Meanwhile, on October 15, 1998, the Defendant, the wife of B, purchased the real estate listed in the separate sheet (hereinafter “instant real estate”) from C, and completed the registration of ownership transfer on October 23, 1998.
C. On July 3, 2014, the Korea Credit Guarantee Fund filed a claim against U.S., Seoul Western District Court Decision 2013Kahap3141, U.S.A., for the claim against B, 428,109,431 won and damages for delay, and the claim against B for the performance of the procedure for the registration of ownership transfer based on the termination of title trust as to the instant real estate based on the subrogation right against the Defendant. On July 3, 2014, U.S. District Court rendered a judgment against B in favor of the Defendant, and against the Defendant, the above judgment became final and conclusive as is.
[Reasons for Recognition] Each entry in Evidence A1, 2, 3, and 1
2. The plaintiff's primary assertion and its judgment
A. The Plaintiff’s assertion B purchased the instant real estate while having been liable for reimbursement to the Plaintiff, and completed the registration of ownership transfer with the name of the instant real estate as the Defendant.
At the time of the purchase of the instant real estate, it is difficult to deem that the Defendant had the real estate purchase fund.
In order to avoid compulsory execution against B with the knowledge of the debt status of B as wife B, the Defendant shall make a registration of ownership of the instant real estate through title trust in collusion with B.