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1. Defendant B’s KRW 5,095,935 as well as 5% per annum from August 18, 2015 to December 11, 2015, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. As the Plaintiff, Defendant B, and D purchased Seongbuk-gu Seoul Egi-gu, Seoul to newly build a five-story multi-household house on its ground, Defendant C, the wife of Defendant B, purchased the above land from F on April 9, 2008, and completed the registration of ownership transfer on June 9, 2008.
B. Defendant C completed the registration of initial ownership of the entire multi-household housing newly built on November 6, 2008. When the Plaintiff borrowed KRW 450,000,000 from the National Federation of Fisheries Cooperatives (hereinafter “the Federation”) on the same day, Defendant C completed the registration of initial ownership of the entire multi-household housing with the maximum debt amount of KRW 585,00,000 as to the entire multi-household housing as security.
C. On December 3, 2010, Defendant C entered into a contract with G to sell KRW 230,000,000 for multi-household housing (as for a sectioned building of multi-household housing, the number of units is specified). At the time of the contract with G, KRW 160,00,000 of the price was agreed to substitute for G to acquire KRW 50,00,000 as loans owed by G to Suhyup and the lessee’s obligation to refund deposit deposits to lessee. At the same time, Defendant C received KRW 70,000,000 from G on January 13, 201, and completed the registration of ownership transfer with respect to KRW 301.
[Reasons for Recognition] No dispute exists, Gap 1-1 to 3-4, 7-1, 12, Eul 1, 2, and 6's purport of all pleadings
2. Determination as to a claim for restitution of unjust enrichment regarding the purchase price No. 301
A. The Plaintiff’s assertion (1) on April 9, 2008, the Defendants and D entered into a partnership agreement with the Defendants to newly construct multi-household houses on the said land and sell them in units and distribute the profits therefrom equally. On July 2009, the Defendants, 301, and 401, respectively, agreed on the settlement of the partnership relationship between the Defendants, 301, and D.
(2) The Defendants sold No. 301 to G without the Plaintiff’s consent, as well as KRW 90,000,000, out of KRW 230,000, the amount of which was determined as the price, and the Defendants.