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1.The judgment of the first instance shall be modified as follows:
The defendant shall pay KRW 11,430,000 to the plaintiff and its related costs on October 2013.
Reasons
1. Facts of recognition;
A. The Defendant entered into a title trust agreement with B, and received the instant store Nos. 415, 416, 417, 418, and 427 among the stores on the ground E in Gyeonggi-do and two parcels, which are sold by the C Association (hereinafter collectively referred to as “instant store”) in the name of B.
B. After receiving KRW 20,800,000 on October 12, 2008 from the Plaintiff, the Plaintiff produced and installed one straw straw straw in each of the instant stores on November 25, 2008.
The value of 4 family stresses installed by the Plaintiff is 45,760,000 won in total.
C. On November 27, 2008, the Defendant drafted a letter stating "I, on the one hand, lend the name of F406 Group B 5 Units B (F415, 416, 417, 418, 427) and I will transfer the registration to the assignee, but will be held liable without good cause if any civil or criminal problem occurs later."
On the same day, the defendant prepared a sales contract with the purchaser of the No. 416 among the stores in this case as the defendant, and changed the name of the seller to the defendant, and the special terms and conditions of the sales contract stipulate that "the purchase price shall not be included in the purchase price and the purchase price shall be approved by the purchaser."
E. On the same day, the Defendant prepared a sales contract with the purchaser Nos. 417 and 418 among the stores of this case as the Defendant’s wife G, and changed the name of the seller for sale to G.
[Basis] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2, Gap evidence 4, 5, Gap evidence 6-1, 2, 8, and 10, Gap evidence 6-1, 2, 8, and 10, the witness testimony and the purport of the whole pleadings by the court of first instance
2. Judgment on the defendant's assertion
A. As to the Plaintiff’s claim for the payment of the purchase price against the actual owner of the Austrias established in Nos. 416, 417, 418, and 427 among the instant stores, the Defendant paid the purchase price to the Plaintiff around 2012.