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(영문) 울산지방법원 2015.02.11 2014가단8805
부당이득금반환
Text

1. The plaintiff's main claim is dismissed.

2.(a)

On July 27, 2010, 60,000,000 won concluded between the Defendant and C, and October 2010.

Reasons

1. Basic facts

A. D supplied C with oil equivalent to KRW 58,314,520 on November 17, 2009, and equivalent to KRW 39,826,80 on December 24, 2009, and supplied C with oil equivalent to KRW 68,314,520 on December 24, 200, and did not receive KRW 58,314,520 on the price.

D filed a lawsuit against C on June 23, 2011, and on January 5, 2012, the Busan District Court Decision 201Ga66746 decided "C shall pay D 58,314,520 won and interest thereon at the rate of 20% per annum from August 6, 2011 to the date of full payment" (hereinafter referred to as "claim of this case").

B. On October 10, 2012, D transferred the instant bonds to the Plaintiff, and notified C thereof on November 15, 2012.

C. On July 18, 2013, the Defendant, as C’s children, completed the registration of ownership transfer and the registration of ownership transfer as to the land listed in [Attachment List 1, 3] and the buildings listed in [Attachment List 2] in [Attachment List 1, 3 (hereinafter “Attachment List 1 and 2”) in its name.

[Reasons for Recognition] Unsatisfy, Gap 1-4, 12 (including a provisional number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) C entered into a title trust agreement with the Defendant and caused the Defendant to complete the registration of ownership transfer or the registration of ownership preservation in its name on the instant real estate. As such, the Defendant is obligated to return the purchase fund or building construction cost to C in unjust enrichment on behalf of the insolvent Party C. 2) The Plaintiff seek for the payment of the claim amount of the instant unjust enrichment amounting to KRW 89,277,134 and delay damages.

B. As a result of the order to submit each tax information to the head of the Ulsan District Tax Office, the head of the Ulsan District Tax Office, the head of the Ulsan District Tax Office, and the head of the shipping force, it is recognized that C entered into a title trust agreement with the Defendant on the title trust and that C had the Defendant complete the registration of ownership transfer or the registration of ownership preservation in its name on the instant real estate.

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