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1. The Plaintiff:
A. Defendant B shall be 122,405,283 won and 20% per annum from November 7, 2014 to the date of full payment.
Reasons
The summary of the case is the case where the Plaintiff sought return on the ground that the Defendants obtained unjust enrichment equivalent to the dividend from the auction of the trusted real estate held in title by the Plaintiff.
The Defendants are the Plaintiff, on the premise of the claim against Defendant B.
On May 2, 2008, with respect to D land, E land and ground buildings (F station), G land and ground buildings (house and warehouse), the real estate sales contract was prepared on May 2, 2008 with the sales price of KRW 1 billion. Accordingly, on May 30, 2008, the registration of ownership transfer was completed in each 1/2 share in the name of the Defendants on May 30, 2008.
From January 15, 2009, the National Bank of Korea (hereinafter referred to as the “Stock Company”) paid a reasonable amount of KRW 800 million out of the above purchase price, which was executed by the debtor as defendant C and joint and several sureties, to the debtor, and on May 30, 2008, each of the above real estate and the land of Jin-si (the ownership transfer registration for the above land which was owned by H was completed as of January 14, 2009) was created as a joint collateral on each of the above real estate and the land of Jin-si (the ownership transfer registration was completed as of January 14, 2009) by the debtor C and the debtor C, the maximum debt amount of KRW 1,040,000.
With respect to each real estate other than G ground buildings expropriated on July 2, 2013, which was launched on August 13, 2013, the said real estate was adjudicated to a third party at the voluntary auction procedure conducted by Seosan Branch of the Daejeon District Court on the commencement of August 13, 2013. On October 22, 2014, the distribution schedule was formulated and confirmed to distribute the remaining amount after distributing it to creditors, etc. among the proceeds from the sale to the Plaintiff, who is the owner of the I land, as KRW 106,160,981, K, L, M, land and L ground buildings (hereinafter “each real estate of this case”).
【Ground for recognition” includes the fact that there is no dispute, and there are evidence Nos. 1 to 4, 13, and 14.