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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts constituting the premise for judgment;
A. On December 3, 2009, the registration of ownership transfer was completed under the name of the Plaintiff on November 16, 2009 with respect to Daejeon Seo-gu C 102 Dong 601 (hereinafter “instant apartment”).
B. On January 24, 2010, D, represented by the Plaintiff, entered into a lease agreement between E with respect to the instant apartment, which is KRW 20 million, monthly rent of KRW 1.1 million, and period from February 3, 2010 to February 2, 2012, with respect to the instant apartment, and the Plaintiff paid 12.3 million, which remains after deducting the unpaid rent of KRW 7.7 million from the termination of the said lease agreement (=20 million - 7.7 million).
C. From June 8, 2012 to October 28, 2012, the Plaintiff repaid KRW 11,243,123 of the interest on loans in the name of the Plaintiff for the payment of the remainder of the purchase and sale of the instant apartment to the financial institution.
On November 16, 2012, the Plaintiff paid KRW 2,581,390 in total for delinquent management expenses of the instant apartment, and paid KRW 1,458,570 in total for the property tax and the property tax on the instant apartment in the second quarter of 2011 and the second quarter of 2012.
E. Meanwhile, the Plaintiff wired the Defendant KRW 10 million totaling KRW 5 million on March 12, 2012, and KRW 10 million on March 23, 2012.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 and 2 (including paper numbers), the purport of the whole pleadings
2. The assertion and judgment
A. (1) Determination on the claim for reimbursement or the claim for return of unjust enrichment (27,583,083 won) (1) The Plaintiff agreed between the Defendant and the Plaintiff to lend the name of purchase and loan to the Defendant for the purpose of acquiring the ownership of the instant apartment, but the Defendant agreed to bear all the expenses incurred in the acquisition, management, and disposal of the instant apartment as the actual owner of the instant apartment. The Plaintiff’s total amount of KRW 27,583,083 = KRW 11,243,123,123 on behalf of the Defendant due to the Defendant’s failure to perform his/her duty.