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Reasons
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(영문) 청주지방법원 2017.06.22 2016가합21657
부당이득금
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1. The Plaintiff (Counterclaim Defendant) paid KRW 155,350,538 to the Defendant (Counterclaim Plaintiff) and its related amount from November 8, 2016 to June 22, 2017.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the respective entries and arguments in Gap evidence Nos. 1 through 6 (including each number), and there is no counter-proof.

On August 27, 1997, the Defendant received KRW 180 million from the Plaintiff’s husband, and purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty D, etc. on August 27, 1997 (hereinafter “the first sale contract”), and completed the registration of ownership transfer under receipt No. 29097 on August 28, 1997 by Suwon District Court.

B. After that, on June 17, 2010, the Defendant sold the instant real estate to Nonparty E in KRW 87 million (hereinafter “the second sales contract”).

C. Meanwhile, the Defendant’s account under the name of the Plaintiff was KRW 56,345,00 on May 25, 2010, and the same year.

6.1. 50 million won, 29.4 million won per month, 30.4,05, 538 won per month, and the same year;

9. A total of KRW 335,350,538, including KRW 85 million, was remitted respectively.

2. Determination on the main claim

A. The summary of the parties’ assertion 1) in the first place, the Plaintiff purchased the instant real estate from D, etc. and entrusted it to the Defendant only, but thereafter, the Defendant, at the Plaintiff’s request by the title truster, did not pay part of the purchase price to the Plaintiff, and thus, the Defendant is obligated to return the amount that the Plaintiff would incur to the Plaintiff as unjust enrichment. (B) In the first place, there was an agreement under which the Plaintiff and the Defendant would return the purchase price received from E., and thus, the Defendant is obligated to return the unpaid purchase price to the Plaintiff. (2) The Defendant is not the purchase price of the instant real estate, but merely the amount borrowed from Nonparty C, the Plaintiff’s husband, who was the Plaintiff’s husband.

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