1. Defendant B’s KRW 150,000,000 and interest rate of KRW 20% per annum from November 22, 2014 to the date of full payment.

Basic Facts

The plaintiff is the defendant B's Cho, and the defendant C is the defendant B's wife.

On December 9, 2013, Defendant B, upon receipt of KRW 285,00,000,000 of the secured debt of the right of retention in the Embur (hereinafter “Emhere”) located in the Embur (hereinafter “Emhere”), was entitled to obtain profits from the acquisition of KRW 150,000,000, and further, he/she may obtain profits from the purchase of Embur through the auction procedure. (b) Defendant B, on the face of KRW 150,000,000, would help the acquisition of the secured debt of the Embur’s right of retention by such money.

Accordingly, the Plaintiff paid to Defendant B KRW 50,000,000 on December 27, 2013, and KRW 100,000 on January 9, 2014, respectively.

On the other hand, on the other hand, on January 15, 2014, the registration of ownership transfer was made based on the sale on November 21, 2013 in the name of Defendant C with respect to the F.529 square meters (hereinafter “instant land”) and the five-story building (hereinafter “Gmour”).

[Reasons for Recognition] Fact that there is no dispute, Gap's statements in Gap's evidence 1 to 5, and the whole purport of the pleading as to the claim against defendant B, even if the plaintiff received 150,000,000 won from the plaintiff, the defendant B did not have the intent and ability to obtain the claim secured by the right of retention of the EM, but did not have the ability to obtain the claim secured by the EM.

As described in paragraph (1), by deceiving the plaintiff, by deceiving the plaintiff 150,000,000 won, and then using it for the purchase fund of the land in this case and Gamoto.

Defendant B is obligated to pay to the Plaintiff KRW 150,000,000 as well as damages for delay due to the return of unjust enrichment or tort.

Defendant C, as the wife of Defendant B, was present in the position of deceiving the Plaintiff as the wife of Defendant C, and registered the instant land and Gelel with the money acquired by deception from the Plaintiff, in his name, as to the claim against Defendant C under Articles 208(3)2 and 150(3) of the Civil Procedure Act of applicable Acts.

Defendant C has committed fraud in collusion with Defendant B.