1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 19,941,70 as well as January 2, 2013.

1. Basic facts

A. The plaintiff is a company running domestic and foreign travel business, tourist transport business, etc. The defendant served from January 2003 to August 21, 2006 as the plaintiff's accounting member, and the same year from February 22, 2006 to August 21, 2006.

8. Until December 22, 200, the Plaintiff was registered as the representative director on the registry.

B. A person who establishes and substantially operates the Plaintiff at around 2000 is C, and the Plaintiff was appointed as the representative director on January 28, 2013.

C. E, a joint and several surety for the Plaintiff’s debt, owned multi-household housing in the second floor located in Pyeongtaek-siF (hereinafter “instant housing”). However, on April 11, 2003, when the procedure for compulsory auction of the instant housing due to the Plaintiff’s debt started on April 11, 2003, the Plaintiff was awarded the instant housing in the Defendant’s name and completed the registration of ownership transfer in the future.

On November 18, 2003, the Plaintiff deposited KRW 16 million in a deposit account in the name of the Defendant (Agricultural Cooperatives I). On November 19, 2003, the Plaintiff borrowed KRW 14 million from the Song Saemaeul Community Credit Cooperative, and paid the purchase price, etc. of the instant house through the Defendant.

E. The Plaintiff had E reside free of charge in the instant house, and the Defendant filed a lawsuit against E, etc. seeking the delivery of the instant house (Seoul District Court Decision 2012Kadan10954), and on October 31, 2012 in the instant case, the conciliation was concluded that “E, etc. jointly and severally pay KRW 1,500,000 to the Defendant until November 10, 2012. E, etc. deliver the instant house to the Defendant by March 31, 2013.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 through 6, 10, Eul evidence Nos. 8 and 9, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff received the claim for return of unjust enrichment due to the summary of the plaintiff's assertion in the name of the defendant, and the defendant awarded the housing of this case.