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

A. The Plaintiff has a claim for the construction cost of KRW 61,835,171 and delay damages against E.

B. The first real estate is registered as E, and F has completed the registration of ownership transfer due to sale by voluntary auction on July 12, 2013, and Defendant B again completed the registration of ownership transfer due to sale on July 20, 2013, and Defendant C again completed the registration of ownership transfer due to sale on September 30, 2016.

C. The second real estate is registered as owned by E, and Defendant D completed the provisional registration of ownership transfer claim on the ground of the pre-sale agreement on July 2, 2010.

[Ground for recognition] Unsatisfy, Gap's evidence

2. Determination

A. The Plaintiff asserts that the actual owner entered into a title trust agreement with the title trustee and received the auction real estate from the title trustee constitutes a contract title trust, which constitutes the so-called seller’s good faith, and thus, the trustee acquires the ownership of the real estate, and only bears the duty of return of unjust enrichment equivalent to the purchase price, and Defendant B bears the duty of return of unjust enrichment equivalent to the purchase price of the real estate in this case (200 million won) against E, and seek payment of the amount equivalent to the above claim in his/her case by subrogation of

However, since the successful bid of the first real estate is not Defendant B but F, the Plaintiff’s above assertion based on the premise of contract title trust at the time of auction is difficult to establish with Defendant B.

In addition, the above argument is based on the premise that E has paid the purchase price, and there is no evidence to acknowledge that E has paid the purchase price of the first real estate to F or Defendant B.

The above argument is without merit.

B. The plaintiff as to the defendant B.

Although Defendant B and Defendant C seek revocation of the fraudulent act regarding the first real estate sale and purchase contract by using the claim for return of unjust enrichment of the assertion as the preserved claim, as seen earlier.