(1) If the person enriched becomes aware of the fact that no legal ground had ever existed after he or she had received such benefit, he or she shall be liable to return the benefit as a person enriched in bad faith, from the time of his or her awareness of the above fact.
(2) The person enriched in good faith shall, if defeated in a lawsuit, be deemed to be a person enriched in bad faith from the time such action was filed.