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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 and the defendant purchased the building of this case in the name of the defendant under the title of the title trust agreement with the purport that the plaintiff bears the purchase price in the auction procedure for the building listed in the separate sheet (hereinafter "the building of this case").
Of 133,700,000 won for the above auction procedure, 58,700,000 won for the purchase price for the above building was paid in cash by the Plaintiff, and the remainder of 75,000,000 won was paid by the Defendant, who was the buyer, as the debtor on August 16, 2006, after setting up a mortgage on the building of this case to the community credit cooperatives.
On the other hand, the Plaintiff, as the owner of the instant building, accepted the entire building and paid in full the late payment fees such as electricity tax, etc., as shown in the attached Table of Expenditure, paid KRW 65,242,080 as shown in the attached Table of Expenditure. The Plaintiff also borne the interest of KRW 38,162,950 for the above loans from August 18, 2006 to December 18, 2012.
However, while a title trust agreement between the Plaintiff and the Defendant is null and void, the Plaintiff acquired a legitimate ownership in relation to the building of this case, the Defendant obtained unjust enrichment of KRW 250,000,000, which is the market price of the building of this case.
In addition, even though the Defendant is not the owner or lessor of the instant building, it received KRW 27,00,000,000 from C instead of the Plaintiff, for 18 months from January 2013 to July 2014.
Therefore, the Defendant is obligated to return to the Plaintiff the sum of 277,000,000 won in total (=250,000,000 won)
However, the above unjust enrichment is a debt to be borne by the defendant on behalf of the plaintiff, and ① 75,00,000,000 won loaned from community credit cooperatives to pay the purchase price of the building of this case, ② 30,000,000 won of deposit received from D on May 14, 2007, ③ Defendant’s building of this case to E on May 31, 201.