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All of the plaintiffs' primary and conjunctive claims that have been changed in exchange at the trial are dismissed.
2. Filing an appeal;
Reasons
1. Basic facts
A. On January 2, 2013, the Plaintiff Company lent KRW 646,00,00 to E (it is the husband of the Defendant) for the due date on December 31, 2013 and at 12% per annum (per annum 1%). Plaintiff B lent KRW 400,000 to E on May 20, 2014, KRW 400,000 to E on May 20, 2014, and 36% per annum.
B. On October 12, 2016, the Plaintiffs filed a lawsuit against E for a loan claim and received a favorable judgment against the Plaintiff Company that “E shall pay KRW 646,00,000,000 to the Plaintiff Company, and KRW 380,000,000 to the Plaintiff Company, and delay damages therefrom,” and the said judgment became final and conclusive around that time.
C. On May 3, 2013, the Defendant purchased the instant real estate from F Co., Ltd. (hereinafter “F”) and completed the registration of ownership transfer based on the said sale on July 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 19, the purport of the whole pleadings
2. Judgment as to the main claim
A. The summary of the parties’ assertion 1) Under the contract title trust agreement between E and the Defendant, the Defendant, the title trustee, was the purchaser of the instant real estate, and entered into a sales contract with F, a bona fide seller, and completed the registration of ownership transfer under the name of the Defendant. Therefore, the Defendant, the title trustee, acquired the ownership of the instant real estate. However, even if the said contract title trust agreement is a married couple, E is null and void as it is for the purpose of evading compulsory execution by the Plaintiffs. As such, the said contract title trust agreement is null and void as it is for the purpose of evading compulsory execution by the Plaintiffs. As such, the title truster, the amount of KRW 159,700,000, which is clearly revealed among the amount equivalent to the purchase fund of the instant real estate provided by E (i.e., the amount of KRW 88,700,000,000 which is clearly revealed among the amount equivalent to the purchase fund of the instant real estate, is obligated to return to E as unjust enrichment. The Plaintiffs, on behalf of the Defendant, in order to compensate the foregoing loan claim.