Text
1. The Defendant calculated the Plaintiff’s KRW 57,00,000 with 15% per annum from April 5, 2017 to the date of complete payment.
Reasons
1. Basic facts
A. In 2015, the Plaintiff filed a lawsuit against C for a loan (Tgu District Court 2015dan124542).
On December 28, 2016, the Daegu District Court rendered a ruling that C shall pay the Plaintiff 48,196,501 won and 38,868,146 won with interest of 24% per annum from December 5, 2015 to the date of full payment, and that ruling became final and conclusive.
B. On May 15, 2015, the Defendant concluded a sales contract with respect to E, the former owner, and the sales price of KRW 117 million (the contract amount of KRW 10 million, the intermediate payment of KRW 35 million, the remainder of KRW 72 million, and the remaining amount of KRW 72 million), with respect to the said father’s husband’s wife, Daegu-gu D, Daegu-gu, and one hundred and fifty-five square meters, and its ground subdivisions (hereinafter “instant real estate”).
C. On June 1, 2015, the registration of the transfer of ownership in the name of the Defendant was completed on the ground of the sales contract dated May 15, 2015 as to the instant real estate.
On June 1, 2015, the Defendant borrowed KRW 60 million from the Daegu Livestock Industry Cooperatives (hereinafter referred to as the “Large-Scale”) and created the right to collateral security of KRW 72 million with respect to the instant real estate.
Through the above collateral loans, KRW 117 billion was paid in full to E through the above collateral loans.
E. Before the closure of the instant pleadings, C was in excess of the debt higher than the property.
[Ground] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The obligor against the Plaintiff, C purchased the instant real estate under title trust to the Defendant, one’s father, who is his father, and bears the remainder of KRW 57 million, excluding KRW 60 million, out of the purchase price of the instant real estate, KRW 17 million.
Since the title trust agreement between C and the defendant is null and void, the defendant who is the title trustee shall return to C the amount equivalent to 57 million won equivalent to the actual purchase fund of the real estate of this case as unjust enrichment.