A. On August 27, 1976, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter collectively referred to as “instant 1 and 2 real estate”) from J. According to the title trust agreement with K and Defendant B, the Plaintiff completed the registration of ownership transfer as to each of the instant 1/2 shares in K and Defendant B on October 6, 1976.

B. The subsequent change in ownership of the real estate of this case 1 and 2 shall be as follows:

On March 3, 1995, the title transfer registration under the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (the sale on March 13, 1984) pursuant to the Act on Special Measures for the Transfer, etc. of Ownership of Real Estate (the sale on September 28, 1984) was made on September 28, 1994. The defendant E and the ownership transfer registration (the sale on November 23, 1999) on November 24, 1999.

C. On March 4, 1984, K, one of the Plaintiff’s title trustees, died, and succeeded to the inheritance of Defendant C (Appointed Party), Appointor G (Inheritance), H, and I.

[Ground of Recognition] without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 9 through 15, the purport of the entire pleadings [Defendant B shall be confessions, Defendant C shall be deemed confessions, and Defendant C shall be deemed confessions]

2. According to the facts of the above recognition of the claim against Defendant B, Defendant B (Appointed Party) and Defendant C, the title trust agreement on the instant 1 and 2 real estate between the Plaintiff, Defendant B, and Defendant (Appointed Party) may be acknowledged, and the evidence attached by Defendant D Nos. 1 through 4 alone does not interfere with the above recognition.

In ordinary, in cases of a so-called three-party title trust to which the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) applies, a title truster may not seek a return of unjust enrichment directly to the trustee, since the title truster’s title trust agreement

However, although title trust with respect to the instant 1 and 2 real estate was a three-party title trust, the Real Estate Real Name Act is not applicable, as so, Defendant B and Defendant C (Appointed Party) sought by the Plaintiff, as requested by the Plaintiff. < Amended by Act No. 11635, Mar. 29, 2013>