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1. The Defendant shall pay to the Plaintiff KRW 93,293,816 and the interest rate of KRW 15% per annum from November 10, 2015 to the date of full payment.
Reasons
1. In full view of the purport of the entire pleadings, the following facts are recognized in each statement in Gap evidence Nos. 1 to 11.
A. In around 2004, the Plaintiff and the Defendant, the mother of the Defendant, entered into a contract title trust agreement with the purport that the Plaintiff would sell the instant apartment by means of the Defendant’s deposit passbook, and that the Plaintiff would pay for all of the expenses, such as sale cost, loan interest, and apartment interior, and that the Plaintiff would sell the instant apartment, and then pay for some of the expenses for living.
B. After that, the Plaintiff entered into a contract for the supply of the instant apartment in the name of the Defendant with Do-do Construction Co., Ltd., a seller of the instant apartment, and completed the registration of ownership transfer with respect to the instant apartment in the name of the Defendant around August 27, 2007.
C. As above, the Plaintiff spent KRW 93,293,816 in total with the amount of the sales contract, interest on loans required to pay the sales price, apartment interior cost, property tax, etc. in the process of completing the registration of ownership transfer by selling the apartment of this case under the name of the Defendant.
The detailed details of expenditure are as shown in the attached Table. D.
The Plaintiff and the Defendant sold the instant apartment in KRW 475,00,00 to D and E around August 19, 201.
The defendant directly receives and holds the remainder of the money remaining after repaying the existing collateral security obligation from D, etc. among the proceeds from the sale.
2. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster and the title trustee entered into a contract title trust agreement and entered into a contract with the owner who was unaware of the fact that the title trustee became a party to the contract and was a title trust agreement.