A. A. A regional housing association (hereinafter “instant association”) had promoted a construction project of an apartment complex of which the total floor area of 1,530 square meters is 235,174 square meters of household units in Ulsan-gu, Ulsan-gu and Japan. Around 2015, the Defendant entered into an agreement with the instant association on the entry into force of the said association (hereinafter “instant agreement”) with the said association on the condition that the instant association would be supplied with one apartment household (hereinafter “instant building section”) from among the apartment buildings being constructed and promoted by the instant association.

B. In relation to the supply of the instant building portion, the Plaintiff entered into a contract title trust agreement with the Defendant to purchase the instant building portion in the name of the Defendant, as it did not meet the qualification for membership required by the instant association.

C. The Plaintiff paid 68,300,000 won to the Defendant on account transfer or cash three occasions under the pretext of the sale price for the instant building portion.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, the result of the plaintiff's principal examination, the purport of the whole pleading

2. The assertion and judgment

A. According to the above facts, the above contract title trust agreement between the plaintiff and the defendant [the contract title trust agreement between the plaintiff and the defendant is acknowledged in light of the following: (a) the contract title trust agreement between the plaintiff and the defendant was made out in the name of the defendant in relation to the part of the building of this case; (b) the plaintiff prepared the sale price; and (c) no evidence exists to prove that the association of this case between the plaintiff and the defendant was aware of the existence of the above title trust agreement between the plaintiff and the defendant] is invalid pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder's Name;

B. The Defendant is also the Plaintiff and the Defendant, because the Plaintiff and the Defendant had a de facto marital relationship for a long time.