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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is the father of the defendant.
B. On October 11, 2002, the registration for the transfer of ownership in the name of E was completed on July 15, 2002 with respect to the apartment of Yongsan-gu Seoul Metropolitan Government No. 39 (hereinafter “the apartment of this case”).
C. On December 27, 2010, the registration of transfer of ownership in the name of the defendant was completed on December 20, 2010 with respect to the apartment of this case.
The Defendant sold the instant apartment to F and G in KRW 1,350,000,00, and completed the registration of transfer of ownership in F and G name on April 16, 2015 with respect to each of the instant apartment units of KRW 1/2 shares among the instant apartment units on February 6, 2015.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion 1) The plaintiff's father, H, the father of the plaintiff, intended to give the plaintiff a house to live, and the plaintiff held a title trust of the apartment of this case to E, the director of the school foundation I, who was the president of H, with bad credit standing at the time.
B) The Plaintiff demanded the Plaintiff to transfer the instant apartment to E in the name of the Defendant, his father, and upon the Plaintiff’s request, the Defendant, who succeeded to the status of the trustee of the instant apartment, completed the registration of ownership transfer with respect to the instant apartment on February 6, 2015, even though he is not the owner of the instant apartment, has arbitrarily sold the instant apartment and acquired the purchase price. This is because the Defendant gains profits from the Plaintiff’s property without any legal ground, and the Plaintiff has the right to claim restitution for unjust enrichment with respect to the Defendant. Furthermore, since the Defendant arbitrarily disposed of the Plaintiff’s property and embezzled it, the Plaintiff has the right to claim compensation for damages equivalent to the purchase price that was caused by tort against the Defendant (E).