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1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate of 5% from November 14, 2017 to September 12, 2018, and the following.
Reasons
1. Basic facts
A. On November 2015, the Plaintiff leased C KRW 196,00,000 to C, and on March 16, 2016, the Plaintiff received an order to pay the Plaintiff the amount of KRW 196,00,000 and the amount of KRW 15% per annum from March 23, 2016 to the date of full payment. The payment order was finalized on April 6, 2016.
B. C, along with D, E, and F (hereinafter referred to as “C, etc.”) on August 25, 2008, purchased forest land of Songpa-gu Seoul (hereinafter referred to as “instant land”) in the Defendant’s name on August 25, 2008, and completed the registration of ownership transfer on September 25, 2008.
The share in the land of this case was 50% D, E, C, and F to have 25% each.
C. The sales price of the instant land was KRW 1,500,000,000. However, C et al. prepared KRW 200,000,000 each and paid KRW 800,000,000. The remainder of KRW 700,000,000 was loaned and paid under the name of the Defendant from the Korea Gyeyang Soil Cooperative (hereinafter “YYA”).
Of the above loans, D, E, 300,000,000 won, C, and F shall each be borne by 200,000,000 won. If the principal and interest of loans are remitted to the Defendant’s account each month, the Defendant paid the loan by paying the loan.
[Reasons for Recognition] A without dispute, Gap evidence Nos. 1-4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff C purchased the instant land in the name of the Defendant. The Defendant, as a title trustee of C, obtained the ownership of the instant land, thereby unjust enrichment of KRW 375,00,000,000 (= KRW 1,500,000 x 25 per cent) out of the sales amount of KRW 1,500,000,000.
In addition, as a creditor against C, the Plaintiff seeks return of unjust enrichment on behalf of the Defendant, who is insolvent, as a creditor against C. The Defendant is obligated to pay to the Plaintiff 233,374,246 won and delay damages, which are the amount of the claim as of June 30, 2017 against C, within the scope of the above unjust enrichment.
B. Defendant C shall be liable for damages incurred by Defendant C on January 2016.