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(영문) 청주지방법원 2017.11.03 2016가단116725
부당이득반환 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the plaintiff's assertion is that the plaintiff is the creditor against B, the defendant, on April 7, 2008, who purchased C Apartment 101 Dong 708 (hereinafter "the apartment of this case") from B and completed the registration of ownership transfer on April 25, 2008.

B Since the plaintiff and other creditors acquired the above apartment under the name of the defendant for the purpose of evading compulsory execution, the title trust between B and the defendant is null and void.

The plaintiff seeks return of the unjust enrichment of KRW 35.8 million against the defendant in subrogation of B.

Preliminaryly, this case’s gift contract is null and void as it was in collusion with the Defendant.

The plaintiff seeks return of the unjust enrichment of KRW 35.8 million against the defendant in subrogation of B.

2. We examine the judgment, and there is no evidence to support that the defendant purchased the apartment of this case as a title trustee B, and that the defendant was given a donation of KRW 35.8 million on April 7, 2008. Thus, the plaintiff's assertion is without merit without further review.

3. As such, all of the plaintiff's claims are dismissed. It is so decided as per Disposition.

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