beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is C’s tea, and the Defendant is C’s 5 South Korea, and D is the head of C, with C’s father as C’s father.
B. On August 31, 1981, C completed the registration of preservation of ownership in its name with respect to land of 1504 square meters (hereinafter “E”) prior to Yongcheon-si, Yongcheon-si, and completed the registration of ownership transfer with respect to land of 106 square meters prior to F on April 12, 1982, C was an owner on the register that completed the registration of ownership transfer with respect to land of 106 square meters prior to F on April 12, 1982. On April 27, 2012, E and the said F land were sold at KRW 80 million in total, and the said land is kept in the Plaintiff’s five South-North Korea.
C. On September 27, 2013, between the Plaintiff and C, a contract for the assignment of claims in custody worth KRW 60,000,000 that C left to the Defendant was concluded between the Plaintiff and C (hereinafter “instant contract for the assignment of claims”). On October 1 of the same year, the content-certified mail notifying the Defendant of the said assignment of claims was served.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, 6, 7, 8, 11, and Eul No. 2 (including each number), the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion 1) The Plaintiff’s assertion 1) deposited KRW 60 million, out of KRW 80,000 of the purchase price of land E and F. The Plaintiff received notification from C on September 14, 2013 that the Plaintiff would transfer the right to claim restitution of KRW 60,000,000,000 from C, and the Plaintiff prepared the instant claim assignment contract between C and C on September 27, 2013, and received the said claim, and notified the Defendant of the fact of the assignment of the claim at that time. In addition, the said land was purchased in the name of C with KRW 120,00 in the 1970s by the Plaintiff and had C purchase in the name of C in the name of C and thus, the Plaintiff held a title trust with the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the above acquisition amount or unjust enrichment amount, KRW 60,000,000,000,00 for delay damages.