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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff filed a lawsuit against B against the Incheon District Court 2009Da100349, and the above court rendered a favorable judgment of June 24, 2010 with respect to KRW 41,420,264 as well as KRW 39,90,309 as to KRW 17% per annum from September 16, 1994 to January 31, 1998, and KRW 25% per annum from February 1, 1998 to August 31, 1998, and from September 1, 1998 to December 31, 1998, Plaintiff 20% per annum from January 1, 199 to October 29, 199 to October 25, 199; and from October 29, 205 to October 25, 199.
The above judgment became final and conclusive around that time.
B. On August 18, 2015, the Defendant, as his father, entered into a sales contract with C to purchase the real estate listed in the separate sheet (hereinafter “instant real estate”) for KRW 193 million (hereinafter “instant sales contract”) and received the registration of ownership transfer on October 21, 2015.
C. The sales price of the instant real estate was KRW 193 million paid to the seller C as follows.
① On August 18, 2015, KRW 2 million: (a) KRW 3 million on August 19, 2015; (b) KRW 1 million on August 26, 2015; and (c) KRW 9 million on August 26, 2015; and (d) KRW 145 million on October 21, 2015 (based on recognition); (c) there is no dispute over the dispute; (d) evidence of KRW 1-3, 2, 11-13; and (e) evidence of KRW 1-3, 200 million on August 26, 2015.
2. The assertion and judgment
A. 1) In acquiring the instant real estate with its own funds, B, the primary cause of the claim, entered into a sales contract under the name of the Defendant, who is the child, and entrusted the instant real estate title to the Defendant. The Defendant, the title trustee, unjust enrichment of KRW 48 million, which was received from B out of the purchase fund. Since B is insolvent, the Plaintiff, the creditor of B, exercising the right to claim a return of unjust enrichment of KRW 48 million, in subrogation of the Defendant. 2) If title trust of the primary cause of the claim is not recognized, the Defendant donated KRW 48 million out of the purchase fund from B.
B The purchase fund shall be the same.