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

A. On December 22, 2015, the Plaintiff filed a lawsuit against Nonparty B for a claim for reimbursement, and issued a payment order stating that “B shall pay to the Plaintiff 153,174,080 won and KRW 110,054,620 per annum from May 20, 2015 until October 8, 2015 until October 23, 2015; and KRW 12% per annum from the following day to the date of full payment.”

The above payment order was finalized on November 7, 2015.

B. On the other hand, on May 18, 2015, the voluntary auction of real estate G with the Incheon District Court Branch of Busan District Court was commenced on May 18, 2015 with respect to the building E (the real estate of this case) and the Hancheon-gu, Seoul District Court D and four parcels, which were owned B.

In the above auction procedure, the Defendant purchased the instant real estate in KRW 384,400,000, and completed the registration of ownership transfer on November 20, 2015.

C. The defendant is the spouse of B, and 307,000,000 won out of the purchase price of the above real estate was loaned by the defendant from H Association.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s primary assertion (i) The Defendant’s primary assertion is deemed to have concluded a title trust agreement with B, upon receipt of a decision to permit sale under the name of the Defendant in the auction procedure, on the part of the home owner with no means to purchase the instant real estate, and between B and B.

However, the above title trust agreement is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder's Name.

Therefore, as a creditor of B, the Plaintiff, as a trustee, exercised by subrogation the right to claim a return of unjust enrichment equivalent to KRW 77,400,000, which is the remainder of KRW 307,000,000, out of the purchase price of KRW 384,40,000, which the title truster B had against the Defendant who is the title trustee.

Dor Preliminary Claim B appears to have donated the purchase fund of the instant real estate to the Defendant, and is in excess of the obligation.