A. On September 28, 2011, the Defendant purchased real estate listed in paragraph (1) of the attached Table 1 (hereinafter “instant real estate”) from C Co., Ltd. in the purchase price of KRW 56,052,00, and completed the registration of ownership transfer on October 20, 201.

B. On September 4, 2012, the Defendant purchased the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant two real estate”) from D from the purchase price of KRW 199,00,000, and completed the registration of ownership transfer on October 17, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 4-1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. In cases where a title truster and a title trustee entered into a contract title trust agreement with the owner who was unaware of the fact that the title trustee was the party to the contract and concluded a contract for title trust agreement with respect to real estate, and the registration of ownership transfer of the pertinent real estate is completed pursuant to the contract, the title trustee, notwithstanding the invalidity of the contract for title trust between the title truster and the title trustee, shall fully acquire the ownership of the pertinent real estate under the proviso of Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, on condition that the title truster and the title trustee shall be obliged to return unjust enrichment equivalent to the purchase fund provided by him/her (see, e.g., Supreme Court Decision 2007Da74874, Sept. 25, 2008). Upon full view of the purport of Gap evidence 6-1 and 2, E’s testimony and reply to financial transaction information from the witness E and F association, E resided in the instant real estate from around December 15, 2016 to December 15, etc.