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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff, at around 2014, concluded a title trust agreement with the Defendant and provided the Defendant with a purchase fund of KRW 466,22 million, and purchased the second floor D of the building in Seongdong-gu, Sungnam-si (hereinafter “instant commercial building”). Since a title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant is obligated to return the purchase fund to the Plaintiff as unjust enrichment and pay damages for delay to the said money.
The Defendant purchased the instant commercial building on December 28, 2014 and completed the registration of ownership transfer in the name of the Defendant on November 10, 2017; the Plaintiff paid the amount equivalent to the purchase fund of the commercial building to the Defendant, and the fact that the Defendant paid the purchase price to the said money is not a dispute between the parties.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff and the Defendant concluded a title trust agreement, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion on this is without merit.
2. The Plaintiff claimed that, around April 2012, when the Defendant leased the Gangdong-gu Seoul Building E-F, 3.7 billion won of the deposit for the lease on a deposit basis, the Defendant lent the deposit for the lease on a deposit basis, and thereafter, 5.4 million won of the deposit for the lease on a deposit basis, which was 1.7 million won of the deposit for the lease on a deposit basis, which was ever resumed, but was returned to the Plaintiff. The Defendant claimed that the remainder of the loan 4.5 million won was returned and that the Defendant is obliged to pay damages for delay on the said money.
Around April 2012, the Plaintiff paid 3.4 million won to the Plaintiff, including KRW 3.4 million, KRW 3,000,000, KRW 3,0000 around April 2014, and KRW 1.7,000,00,000 around April 2016, and KRW 9,000,000,00,000 around April 2016. The Defendant paid to the Plaintiff the remainder after appropriating to the deposit money for the deposit money for the lease of a house held by the director on February 2018.