부당이득금
1. The plaintiff's claim that was changed in exchange in the trial is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Defendant, while running a restaurant business with the trade name “D” in Ansan-si, operated the restaurant business with the trade name “E” from the first floor of the building listed in attached Form 1 (hereinafter “first building”) and the first floor of the building listed in attached Form 2 (hereinafter “second building”).
F is engaged in the artificial park construction business in operating “G”.
The defendant and F have been living as a legal couple and completed a divorce by agreement on October 27, 2009.
B. On January 31, 2006, F received KRW 1,066,212,80 from the Plaintiff (the Plaintiff’s Ha was actually processed by proxy or proxy for the Plaintiff; hereinafter the Plaintiff’s legal effect is indicated) and completed the said construction after receiving payment for the interior works of the First and Second Buildings in KRW 1,066,212,80.
On February 27, 2006, the registration of initial ownership was completed in the future of the plaintiff, and on December 16, 2005, the second building was completed in the name of I due to the entrustment of the registration of provisional attachment entry on December 16, 2005, and on June 11, 2008, the registration of initial ownership was terminated in the future of the plaintiff on July 4, 2008.
C. While the Plaintiff was unable to pay the construction cost liability to F, the Plaintiff allowed F to use the first floor of the first building at the end of 2006, and F had the Defendant, the wife, operate the “E” restaurant on the first floor of the first building.
F on September 17, 2008, with the claim amounting to KRW 533,100,000 against the Plaintiff as the claim amounting to KRW 533,100,000, the F obtained a decision of provisional seizure of real estate against the first and second buildings owned by the Plaintiff (Seoul District Court Decision 2008Kahap103, Jun. 17, 200), and the provisional seizure registration was completed around that time
E. On September 3, 2009, F, the Plaintiff, and the Defendant transferred KRW 246,290,000 to the Defendant among the claim for construction price against the Plaintiff (hereinafter “the first assignment of claims”), and the Plaintiff (H) shall pay the amount of the said assignment of claims to the Defendant. The Defendant entered into a three-party agreement with the content thereof.
F shall pay KRW 40,00,000 to the defendant on the same day.