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

A. On May 17, 2007, the Plaintiff filed a lawsuit for the claim for reimbursement with respect to the claim for reimbursement against B and C as Seoul Central District Court 2007Da172745.

On October 9, 2007, the above court sentenced that "B and C shall jointly and severally pay to the Plaintiff 41,752,683 won and 41,587,87,873 won among them, 18% per annum from May 23, 2005 to May 31, 2005, 15% per annum from the next day to August 28, 2007, and 20% per annum from the next day to the day of full payment," and the above judgment became final and conclusive as it is.

B. On August 1, 2005, Defendant (D) purchased from Nonparty E, the mother of Nonparty E, Incheon Gyeyang-gu, G apartment 107 Dong 102 (hereinafter “instant apartment”) on the ground of four lots of G apartment 107 Dong 102 (hereinafter “instant apartment”), and completed the registration of ownership transfer on September 1, 2005.

[Ground for Recognition: Facts without dispute, Gap evidence 1, and evidence 2, the purport of the whole pleadings]

2. The summary of the cause of the Plaintiff’s claim C purchased the instant apartment in the name of the Defendant, who was gathered to avoid compulsory execution due to the Plaintiff’s debt.

Despite the invalidity of such a title trust agreement, pursuant to the proviso of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant, the title trustee, acquired full ownership of the instant apartment. However, the title truster C was obliged to return unjust enrichment equivalent to the purchase fund received from the title truster C.

However, in order to preserve the claim for reimbursement against C, the Plaintiff seeks payment of KRW 116,00,000,000, which is the remainder after deducting the maximum debt amount of the right to collateral security that has been completed with respect to the said apartment from KRW 140,00,000, from the maximum debt amount of the right to collateral security, in subrogation of the insolvent C in order to preserve the claim.

3. Determination

A. A person registered as an owner of real estate for the cause of the plaintiff's claim shall own ownership in accordance with due process and cause.