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

A. On March 2003, the Defendant entered into a lease agreement with C, setting the deposit amount of KRW 45 million with respect to D 101, Dongdaemun-gu, Seoul (hereinafter “instant real estate”).

B. C sold the instant real estate to E on September 26, 2005, and the Defendant, around August 2007, set the lease contract as KRW 50 million increased by KRW 5 million between E and E (hereinafter “instant lease contract”).

C. After that, the instant lease agreement was concluded on September 2013, and around that time, E returned to the Defendant the deposit amount of KRW 50 million.

On the other hand, on August 24, 2013, the Defendant concluded a sales contract with respect to G apartment 3,308 (hereinafter “instant apartment”) located in Gyeyang-gu, Incheon, which sets forth the purchase price of KRW 91 million, and completed the registration of ownership transfer on October 4, 2013.

[Ground of recognition] Evidence Nos. 2, 3, Eul Nos. 1 through 3, fact-finding results in E, and purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff primarily asserts that the Plaintiff was a party to the instant lease agreement, and that the Defendant requested the lessor to lend the purchase fund of the instant apartment, thereby transferring the lease deposit of this case to the Defendant, and sought the return of the loan.

In addition, the plaintiff, preliminaryly, ordered the defendant to use the instant apartment as money insufficient to purchase the apartment, and thus, there exists a title trust agreement on the instant apartment between the plaintiff and the defendant, and since the seller of the instant apartment did not know such title trust agreement, the defendant argued that he acquired the complete ownership of the instant apartment, and sought a return of unjust enrichment equivalent to the above purchase fund.

B. However, as seen earlier, the lessee under the instant lease agreement is the Defendant, not the Plaintiff.