부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff married with B on August 28, 1990 and brought up a child among them. However, on January 9, 2006, the Plaintiff reported divorce.
B. B on May 7, 2008, purchased 1st floor Nos. 1 and 37.79m2 (hereinafter “instant housing”) from among multi-household housing of Eunpyeong-gu Seoul Metropolitan Government 2nd floor C, and completed the registration of ownership transfer on July 31, 2008.
C. B: (a) on August 2, 2013, the Defendant created a right to collateral security of KRW 72 million with respect to the instant housing; and (b) was loaned KRW 60 million from the Defendant on the seventh day of the same month.
On June 24, 2014, according to the application of the Hyundai Capital Bank Co., Ltd., a creditor of B, the procedure for compulsory auction was initiated with respect to the instant house, and the Plaintiff purchased the instant house to 60 million won in this auction procedure and paid in full on February 27, 2015.
E. In the above auction procedure, the Plaintiff filed a move-in report with the instant house on September 18, 2008. Around July 2012, B leased the instant house to KRW 70 million without rent from B and actually resided around that time. On November 20, 2012, the Plaintiff: (a) made a lease agreement and obtained a fixed date on December 3, 2012; (b) requested the Defendant to distribute dividends by asserting that “The Plaintiff constitutes a lessee who is obligated to receive the top priority repayment; (c) however, on March 31, 2015, the court of execution determined the Plaintiff as the largest lessee, and excluded the amount of dividends from dividends (i.e., KRW 58,30,000; (d) KRW 60,000, KRW 143, KRW 1404, KRW 460; (d) KRW 1,704, KRW 160, KRW 1560).
[Reasons for Recognition] Each entry in Gap evidence Nos. 2, 3, 4, 8, and 11, and the purport of the whole pleadings
2. Determination of the parties' arguments
A. The plaintiff and B, on January 9, 2006, reported the divorce between the plaintiff and the parties' arguments (i.e., the defendant's arguments).