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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. A. On March 28, 2013, the Plaintiff paid KRW 150,00,000 to Nonparty C (hereinafter “debtor”) who is the debtor on March 28, 2013 as the Plaintiff’s payment in lieu of capital gains tax on Nonparty D. Since the above obligor embezzled KRW 98,00,000 out of the above amount by voluntary consumption and embezzlement, the Plaintiff has the right to claim the return of unjust enrichment equivalent to the above embezzlement against the obligor.
② On July 25, 2010, the Plaintiff traded the land in title trust to Nonparty E, his wife, Nonparty E, as a broker, and the Plaintiff paid KRW 54,000,000 to the obligor as a broker fee.
However, since the sales price under the above sales contract was KRW 600,000,000, the upper limit of brokerage commission is KRW 5,400,000, which is 0.9% of the sales price.
Therefore, the debtor is obligated to return to the plaintiff the commission fee of 48,600,000 won exceeding the above statutory fee rate.
③ On October 29, 2015, the Plaintiff traded the land in title trust to Nonparty F and G, the wife, Nonparty E, as the broker, and the Plaintiff paid KRW 40,000,000 to the obligor as the broker fee.
However, the sales price under the above sales contract is KRW 2,200,000,000, so the upper limit of brokerage commission is KRW 19,80,000,000, which is 0.9% of the sales price.
Therefore, the debtor is obligated to return to the plaintiff the commission fee of 20,200,000 won exceeding the above statutory fee rate.
B. On November 6, 2017 and December 6, 2017, the obligor of the right to subrogation purchased 1/2 shares of each real estate listed in the separate sheet (hereinafter “instant real estate”) from Nonparty H in the purchase price in KRW 1,850,00,000, and completed the registration of ownership transfer in the name of the Defendant.
As such, since the debtor and the defendant concluded a title trust agreement on the instant real estate, the debtor has the right to claim the return of unjust enrichment of KRW 1,850,000,000, which was provided to the defendant.
(c) creditor's subrogation right;