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1. Defendant B’s KRW 505,291,250 as well as 5% per annum from October 2, 2015 to December 8, 2016 to the Plaintiff.
Reasons
Facts of recognition
The plaintiff is a person who runs a construction business in his/her trade name.
The Plaintiff entrusted Defendant B with the name of the buyer in the process of purchasing E-gi-si 670 square meters (hereinafter “instant land”).
Defendant C is an internal director of F Co., Ltd. (hereinafter “F”), who completed the registration of ownership transfer from Defendant B through F with respect to the instant land.
The Plaintiff of a title trust agreement and a new building construction project conducted a title trust agreement with Defendant B in the process of purchasing the instant land.
According to the above title trust agreement on February 27, 2012, Defendant B entered into a sales contract with the seller G for the instant land at KRW 180,000,000 (hereinafter “the first sales contract”), and completed the registration of ownership transfer on March 8, 2012.
Of KRW 180,00,000 of the purchase price of the first sale contract, KRW 160,000,000 of the purchase price of the first sale contract was acquired by Defendant B as a debt of KRW 160,000 for loans to the Military Saemaul Savings Depository of G, and the payment was substituted by the payment.
Accordingly, on March 28, 2012, the name of the debtor was changed to Defendant B on March 28, 2012, when the establishment registration (the maximum amount of bonds KRW 169,000,000) was completed on the instant land in the name of the debtor.
The Plaintiff and Defendant B, while entering into a title trust agreement, succeeded to the above loan obligations of Defendant G in their own name and pay the interest thereof. The Plaintiff, after constructing a new building on the instant land with Defendant B as the owner of the building and selling it in lots, agreed to pay the price for the loan under the name of Defendant B.
At the time, the Plaintiff did not have sufficient capability to pay the remaining purchase price of KRW 20,000 (=180,000,000-160,000).
Defendant C paid the above KRW 20,000,000 on behalf of the Plaintiff and KRW 5,281,000 on behalf of the Plaintiff.
On May 15, 2012, the Plaintiff and Defendant B are 'multi-household houses with four floors or less' on the ground of the instant land.