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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B was sentenced to the sentence of 10 years imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) at the High Court for Armed Forces on February 23, 1999, and KRW 1,020,000. The above judgment was finalized on May 14, 199, and the unpaid amount of the above surcharge as of November 14, 2017 is KRW 1,012,495,430.
B. The Defendant is the wife B, and on December 5, 2017, the prosecutor of the Seoul East District Prosecutors’ Office under the Plaintiff-affiliated Seoul East District Prosecutors’ Office held the Defendant with the claim for return of unjust enrichment of KRW 166,40,000 against the Defendant, and seized the claim for return of unjust enrichment, and at that time notified the Defendant thereof.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 through 5, Gap evidence 9, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion 1) B stated at the time of undergoing the investigation that he purchased Non-Sacheon-si C apartment No. D as a bribe, and that during being detained and investigated, he sold this real estate rapidly. After being detained, both the lessee or the nominal owner of the real estate continues to exist in the name of the Defendant, who is the wife of B. In other words, the Defendant, on December 1, 2005 immediately after the parole of B, without any import on December 1, 2005, shall acquire the ownership of the Dongjak-gu Seoul E apartmentF real estate in its own name. The above real estate was sold for KRW 428,00,000 on March 2, 2017, and the sale price was used as the purchase fund of the third floor H of the building of Yangcheon-gu Seoul Metropolitan Government on April 4, 2017.
However, if the seller is bona fide in the contract title trust, the registration of real estate by the nominal owner is valid, but the contract title trust is null and void, so B is equivalent to the real estate purchase price paid to the defendant.