1. The Defendant’s KRW 48,500,000 as well as annual 5% from March 3, 2016 to July 20, 2016 to the Plaintiff.

1. Facts without dispute;

A. The Plaintiff entered into a credit guarantee agreement with C on April 23, 2004, March 9, 2006, and March 5, 2009, and the representative director B, as the representative director, jointly and severally guaranteed all obligations under the above credit guarantee agreement with C.

B. On October 31, 2014, the Plaintiff: (a) caused a credit guarantee accident; and (b) subrogated to the creditor of the Plaintiff in accordance with the said credit guarantee agreement.

After that, the plaintiff filed a claim suit for indemnity amount, "C and B jointly and severally pay to the plaintiff 166,642,346 won and damages for delay after October 31, 2014 to the plaintiff."

Daegu District Court Decision 2014Kadan126756 decided May 1, 2015, c.

On the other hand, on May 25, 2012, the Defendant, the wife of B, entered into a contract to purchase real estate listed in the separate sheet (hereinafter “instant real estate”) with KRW 197 million, and completed the registration of ownership transfer on August 8, 2012.

At present, B is insolvent.

2. The parties' assertion

A. The Plaintiff’s assertion is a real estate owned by B and acquired by B with the compensation therefor, and only in the name of convenience, and thus, the Plaintiff, the obligee for indemnity, is obligated to pay the amount calculated by deducting the loan from the purchase price of the real estate, due to unjust enrichment obtained by the Defendant, the title trustee, even though the title trust agreement was invalidated in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, although the title trust agreement was invalidated in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name.

B. The Defendant asserted that the instant real estate was actually acquired as 40,000,000 won which was collected before marriage with B, and as her mother money during the marriage period, by doing economic activities.