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

A. The registration of ownership transfer in the name of the Defendant was completed on June 5, 1990 on the grounds of the sale as of May 31, 1990 with respect to the Daegu-gun Singu-gun-gun 212 (hereinafter “instant land”).

B. The plaintiff is a female student of the defendant.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. The plaintiff's assertion

A. The Plaintiff and the Defendant decided to jointly purchase the instant land of KRW 64 million on May 1990, and purchased each of KRW 32 million by contributing each of them, and completed the registration of ownership transfer in the name of the Defendant as to the whole land.

In other words, the Plaintiff held title trust with respect to the portion of 1/2 of the instant land, and the Plaintiff cannot receive the registration of transfer following the termination of title trust pursuant to the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). Therefore, the Defendant is obligated to return to the Plaintiff the KRW 32 million borne by the Plaintiff at the time of purchase of the instant real estate.

B. Although the instant lawsuit was filed after ten years from July 1, 1996 when the grace period under Article 11 of the Real Estate Real Name Act expired, the extinctive prescription period for the claim for return of unjust enrichment has expired, but the following circumstances are considered to have ceased, or the Defendant may be deemed to have waived the benefit of expiration of the extinctive prescription period.

1) The Plaintiff, as the actual owner of the 1/2 portion of the instant land, received annual rent from D, the lessee of the instant land. 2) Although the Plaintiff intended to purchase the instant land on or around March 2005, E, the Dong-in of the original Defendant, seeking to purchase only the Defendant’s share at KRW 50 million, the Plaintiff decided to purchase only the Defendant’s share at the wind opposing the sale, and paid the Defendant a down payment at KRW 15 million, but received the down payment and the down payment. In light of these facts, the Defendant recognized that the 1/2 share of the instant land was owned by the Plaintiff.

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