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Reasons
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(영문) 부산고등법원(창원) 2015.07.09 2014나713 (1)
부당이득금반환
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1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties and the defendant (name C before the opening name) are the natives, and the defendant from around August 22, 2006, from around his own place of residence, brought up DNA, which is his father, in his own place of residence. From March 2, 2011, from around March 2, 201, the defendant Kimhae-si 307 Dong 1103 (hereinafter "the apartment of this case") owned by the defendant, the plaintiff, D and the defendant's family members reside together with the plaintiff, D and the defendant's family.

B. The Defendant’s acquisition of the right to purchase the instant apartment on April 19, 2004 sold the instant apartment to G, and G sold the right to purchase the instant apartment to F on May 26, 2004, and on April 13, 2006, the Defendant purchased the right to purchase the instant apartment from the said F in the purchase price of KRW 200,004,00.

C. On April 13, 2006, the Defendant paid 30,804,000 won as down payment to F on April 13, 2006, and the Defendant paid the remainder of 56,400,000 won to Daewoo Construction on April 12, 2007, while paying the remainder of 112,80,000 won for loans to the National Bank Kim Jong-bank, instead of paying the remainder of the remainder.

In addition, on May 11, 2007, the defendant paid the aggregate of KRW 5,341,390 to the tax amount, such as the registration tax of the apartment of this case and the registration fee for application for registration.

The defendant, on May 31, 2007, completed the registration of ownership transfer under his name on the ground of sale on April 19, 2004 with respect to the apartment of this case.

【Ground of recognition】 The fact that there is no dispute, Gap's 1 through 10, 17, and 18, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The Plaintiff entered into a title trust agreement with the Defendant on April 2006 with respect to the instant apartment, and accordingly, provided the Defendant with a total of KRW 184,564,755, and had the Defendant purchase the instant apartment. Therefore, the Defendant received the said money from the Plaintiff based on an invalid title trust agreement.

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