The costs of lawsuit shall be borne by the plaintiffs.

A. The deceased H (hereinafter “the deceased”) died on January 26, 2017. The deceased’s property was jointly inherited by six persons, including Plaintiff B, C, Defendant D, E, F, and G, the spouse of the deceased.

B. On March 30, 2012, Defendant E, the husband of Defendant E, completed the registration of transfer of ownership as to the real estate listed in paragraph (1) of the attached Table No. 47187, which was received on April 16, 2012, and as to the real estate listed in paragraph (2) of the attached Table No. 47187, which was received on April 16, 2012, and as to the real estate listed in paragraph (2) of the attached Table (hereinafter collectively referred to as “each of the instant real estate”), with respect to the real estate listed in paragraph (1) of the attached Table No. 43982, which was received on April 9, 2012.

C. After the deceased’s death, the adjudication on division of inherited property was conducted (Korean Government High Court Decision 2017Dhap6009 dated March 20, 202), and the appeal is currently being conducted.

[Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The gist of the plaintiffs' assertion is that each of the instant real estate held in title trust with I by the deceased.

In the event that a contract title trust agreement becomes null and void, the title trustee bears the duty to return unjust enrichment equivalent to the purchase fund received from the title truster. As such, the deceased has a claim for return of unjust enrichment of KRW 290,000,000 to Defendant E.

B. The registration of relevant legal principles is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered under the name of another person under the trust shall be liable to prove the relevant title trust fact.

(See Supreme Court Decision 2017Da215070 Decided June 19, 2017). In addition, a real estate owner’s title is generally entrusted to another person.