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

A. The Plaintiff filed a lawsuit against the Gwangju District Court against the Gwangju Heavy, Gwangju Heavy, and limited companies, claiming the amount of money transferred to the Gwangju District Court.

On September 23, 2014, the Gwangju District Court rendered a favorable judgment in favor of the Plaintiff: “The Defendant jointly and severally pays to the Plaintiff 3,729,030 won and 14,755,835 won per annum from March 12, 2014 to the day of full payment.”

The above judgment became final and conclusive around that time.

(B) Mineju District Court 2014 Ghana526310).

On September 4, 2006, the defendant purchased Seo-gu 103 Dong 501, Seo-gu, Gwangju from C and D (234,500,000 won on the register) and completed the registration of ownership transfer on September 8, 2006.

(hereinafter “instant apartment”). C.

On February 27, 1987, the defendant was married with B on February 27, 198, and the agreement was married on January 16, 2008.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 5, Eul evidence 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The defendant did not have any income as a professional owner, and eventually, the apartment of this case concluded a title trust agreement with the defendant as the actual purchaser, and completed the registration of ownership transfer in the name of the defendant.

Therefore, the defendant is obligated to return unjust enrichment of KRW 117,440,000 to B.

(B) Although the Plaintiff did not explicitly assert, the Plaintiff is also asserting a disguised divorce, etc. in addition to the title trust, so it is interpreted on the premise that the title trust agreement between the Defendant and B, which is the husband and wife, was made for the purpose of evading compulsory execution, etc.

The Plaintiff, as a creditor of B, sought a return of unjust enrichment by subrogation of B within the scope of KRW 40,307,300 (one of KRW 33,729,030, the principal of KRW 14,755,835, which is calculated by the rate of 24% per annum from March 12, 2014 to January 18, 2016) as of January 18, 2016.

3. Determination

A. “Presumption of a special property” under Article 830(1) of the Civil Act.