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

A. The plaintiff and the defendant are children of the deceased C with their siblings.

B. C on December 5, 1979, completed the registration of ownership transfer based on sale on December 4, 1979 with respect to the building and site D (hereinafter “instant real estate”).

C. C died on December 198, and on February 16, 1988, the Defendant completed the registration of ownership transfer based on property inheritance on December 19, 198.

On July 28, 1990, the number of the instant real estate was changed to E by the replotting due to the land improvement, and was sold to Incheon Metropolitan City on September 30, 2005.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 4, Eul's evidence 2 (including each number), the whole purport of pleading

2. The assertion and judgment

A. The Plaintiff, the Defendant, around 1979, purchased the instant real estate under the name of the Plaintiff, the Plaintiff’s KRW 8 million, and the Defendant’s 4 million, with the burden of KRW 4 million.

After the death of C, the Plaintiff and the Defendant, F, and G, who are the children of C, agreed that “The instant real estate was purchased by the Plaintiff with the burden of KRW 4 million by the Defendant, and the remainder of the penalty has not contributed. Therefore, the instant real estate was divided into the share ratio of KRW 2:1 by the Plaintiff and the Defendant. The Plaintiff’s share is entrusted to the Defendant, and the registration is made under the name of the Defendant’s sole name.”

Therefore, the transfer registration of ownership in the name of the defendant with respect to 2/3 shares out of the instant real estate is based on the title trust.

Around September 30, 2005, the Defendant sold the instant real estate to Incheon Metropolitan City and received compensation of KRW 223,928,530. Since title trust between the Plaintiff and the Defendant is null and void, the Defendant is obligated to return to the Plaintiff KRW 149,285,686, which corresponds to 2/3 of the compensation paid by Incheon Metropolitan City.

The plaintiff claims the return of KRW 100 million as part of his claim.

(b) entry of Gap evidence No. 5;