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(영문) 서울북부지방법원 2015.05.06 2014가합20794
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Fa. Fa. Pursuant to the credit guarantee agreement on April 24, 2002, Fa. B, the Fa.B. guaranteed principal amount of KRW 68 million, which was issued by the Plaintiff, was loaned from the Industrial Bank of Korea as collateral, and B, jointly and severally guaranteed the indemnity obligation owed by the said company to the Plaintiff pursuant to the above credit guarantee agreement.

B. However, when a credit guarantee accident occurred in the above company on January 27, 2003, the Plaintiff subrogated to pay 68,349,315 won of the principal and interest of the loan to the above bank on May 22, 2003.

C. The plaintiff filed a lawsuit against B, etc. against the Seoul Central District Court 2008da84890 claim amounting to KRW 63,845,051 jointly and severally on May 7, 2008 and KRW 18% per annum from May 22, 2003 to May 31, 2005; and 15% per annum from the next day to March 24, 2008; and 20% per annum from the next day to the date of full payment; and the above judgment became final and conclusive on August 21, 2008.

B The Defendant, the wife of B, purchased F apartment 101, 202, 202, from C on January 21, 2008, F apartment 101, 202 (hereinafter “instant apartment”) in Seoul Special Metropolitan City, Nowon-gu, and E (hereinafter “instant apartment”) at the price of KRW 235,000,000,000,000, and received the registration of ownership transfer pursuant thereto on January 31, 2008.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 6, Eul evidence No. 1, the purport of the whole pleadings

2. The Plaintiff’s assertion B purchased the instant apartment on January 21, 2008 in collusion with the Defendant, who is the wife, in order to avoid the creditor’s compulsory execution, and concluded a trust to the Defendant, and completed the registration of ownership transfer in the name of the Defendant.

The above title trust agreement is null and void, but since the former owner did not know that there was a title trust agreement, the defendant is the apartment of this case.

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