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

A. The Plaintiff married to the Defendant’s father C and the Plaintiff around July 1996.

B. On December 20, 2005, the registration of ownership transfer was completed in the name of the defendant with respect to the 1202 square meters of the 13th floor apartment of the 13th floor of the 12th floor of the 13th floor apartment of the 13th floor, Nowon-gu, Seoul Special Metropolitan City (hereinafter “the apartment of this case”).

C. Around November 10, 2015, C filed a divorce and solatium claim against the Plaintiff, and the Plaintiff filed a counterclaim against C to the division of property (Seoul Family Court 2015dhap30190 (principal lawsuit), 2015dhap3547 (Counterclaim)), and the said court rendered a judgment on November 10, 2016 that the Plaintiff and C are divorced.

Accordingly, the Plaintiff and C appealed respectively in Seoul High Court 2016Reu2373 (Main Office), 23380 (Counterclaim).

On November 14, 2016, the Defendant sold the instant apartment to E and on January 17, 2017, the transfer registration of ownership in the name of E was completed with respect to the instant apartment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant sold the apartment of this case to the plaintiff and did not refund the price to the plaintiff. The plaintiff sought against the defendant for unjust enrichment of 116,00,000 won and delay damages.

3. According to the purport of Gap evidence No. 2 and the whole pleadings, the above appellate court held on July 5, 2017 that the plaintiff and Eul trusted the apartment of this case to the defendant on title trust with the plaintiff and C, and the plaintiff and C have completed the claim for return of unjust enrichment equivalent to 465,00,000 won for purchase of the apartment of this case against the defendant. If the defendant deducts the mortgage-mortgage obligations, etc. on the apartment of this case paid by the defendant while selling the apartment of this case, the amount of unjust enrichment that the defendant must return to the plaintiff and C is KRW 65,528,223, and the plaintiff's active property is KRW 33,764,111 among them, and the plaintiff's claim for return of unjust enrichment amounting to KRW 33,764,111 against the defendant against the defendant.