(영문) 의정부지방법원 2014.05.30 2013가합8769

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(영문) 의정부지방법원 2014.05.30 2013가합8769

부당이득금반환

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2007, C, the father of the Plaintiff, entered into a contract with the New Young-gu Co., Ltd. on the purchase price of KRW 268,800,000 with the D Apartment-si 106 Dong-si 1102 (hereinafter “instant apartment”).

B. On May 6, 2009, the registration of initial ownership of the instant apartment was completed on May 6, 2009, and on May 15, 2009, the name of the buyer of the instant apartment was changed to the Defendant.

C. On July 9, 2009, the Defendant completed the registration of ownership transfer as to the apartment of this case by the Jung-gu District Court, Dongbcheon Registry, 1232, and on the same day, borrowed KRW 135,00,000 from the new bank in the name of the Defendant, and the registration of ownership transfer was completed on the apartment of this case with the debtor, the mortgagee, the new bank of the mortgagee, the maximum debt amount of KRW 162,00,000,000 in the above registration office as of July 9, 2009.

Of the sales price of the apartment of this case 268,80,000 won, the Plaintiff imposed KRW 133,800,000,000, which was the remainder after deducting the amount paid as KRW 135,000,000 on the above loans, and KRW 8,251,156 (= KRW 7,413,100,838,056) on the aggregate of the expenses for the registration of ownership transfer under the name of the Defendant, and the registration of ownership transfer under the name of the new bank in the vicinity of the new bank, and KRW 4,650,00,000, total of the expenses for the establishment of the apartment of this case and other repair, and KRW 34,190,042.

[Ground for Recognition: Facts without dispute; Gap evidence 1 through 12, 16 through 18, 22, 23; hereinafter the same shall apply

(2) Each entry and the purport of the whole pleading

2. Determination as to the cause of claim

A. (1) The Plaintiff’s assertion (1) concluded a title trust agreement with the Defendant to bear the sale price, interest on loans, public charges, etc. of the instant apartment in the name of the Defendant, and the Defendant acquired the ownership of the instant apartment under the name of the Defendant, and thus, the Defendant acquired the ownership of the instant apartment. As such, the Plaintiff’s assertion was the sum of KRW 180,89

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