(영문) 서울중앙지방법원 2019.04.03 2017가합574705

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(영문) 서울중앙지방법원 2019.04.03 2017가합574705

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The primary assertion C purchased the land of Pyeongtaek-si D, 9,348 square meters (hereinafter “instant land”) under the name of the Defendant according to the title trust agreement with the Defendant, and thus, the Defendant has the right to claim a return of unjust enrichment equivalent to the price.

In order to preserve the claim against C, the Plaintiff sought restitution of unjust enrichment against the Defendant by subrogationing C with no financial resources at present.

B. The conjunctive assertion is that the plaintiff lent KRW 250,000,000 to C, who is the defendant's representative, and the defendant shall pay it to the plaintiff.

2. Judgment on the main argument

A. On October 29, 2010, the Plaintiff leased KRW 50,000,00 to C on the basis of the existence of the preserved claim and the need for preservation. C agreed that the aforementioned amount plus KRW 200,000,000,000 among his/her debt to E (hereinafter “instant agreement”) shall be paid to the Plaintiff (hereinafter “instant agreement”). The fact that C is insolvent is no dispute between the parties, or that C is insolvent, can be acknowledged by taking into account the following facts: (a) the statement of evidence No. 4; (b) the record office at the time of Ansan, the fact inquiry results of this court; and (c) the purport of the entire arguments and arguments.

According to the above facts of recognition, C has a claim for the agreed amount of KRW 250,00,000 against the plaintiff, and the above claim is the preserved claim against the creditor subrogation lawsuit filed by the plaintiff in subrogation of C, and C is insolvent, and therefore the necessity of preservation is recognized.

B. Where a person who intends to purchase real estate in the real estate auction procedure as to whether the right of subrogation exists and the permission for sale has been granted under an agreement with another person to obtain a decision of permission for sale in the name of the other person when he/she bears the purchase price, the person who takes the status of purchaser in the auction procedure is the title holder, and thus the person who actually bears the purchase price

유사 판례

-대전지방법원서산지원 2017.06.28 2016가단7144

-춘천지방법원강릉지원 2014.10.30 2014가합100095

-대법원 2005. 4. 29. 선고 2005다664 판결

-춘천지방법원 2015.09.04 2014나6040

-서울중앙지방법원 2015.01.13 2014나11481