1. The plaintiff's claim is dismissed.

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

1. The gist of the Plaintiff’s assertion is that the Plaintiff has claim amounting to C at the rate of 20 million won per annum from June 2, 2005 to the date of full payment.

The defendant, as C's children, has completed the registration of ownership transfer in the future of the defendant with respect to the above apartment by providing the buyer with the name of the buyer in purchasing the same Dobcheon-si E Apartment-si 201, 104 (hereinafter "the apartment of this case").

Therefore, the defendant acquired the amount equivalent to the above apartment purchase fund from C without any legal ground.

Therefore, the defendant is obligated to pay to the plaintiff who subrogated C the above unjust enrichment amounting to KRW 60,000,000, which is a part of the above unjust enrichment amount, and delay damages therefor.

2. There is no evidence suggesting that C has purchased the apartment of this case by lending the name of the defendant, and that C has contributed to the full purchase fund of the apartment of this case.

Rather, comprehensively taking account of the overall purport of Gap evidence No. 2 and the oral argument, the defendant's purchase price of the apartment of this case from D, the former owner of Sep. 28, 201, was 198,000,000, and the defendant completed the registration of creation of a mortgage over the maximum debt amount of 172,80,000 in the name of the Korea Slaterd Bank on Feb. 20, 2012, the defendant completed the registration of creation of a mortgage over the maximum debt amount of 172,80,000,000. The defendant purchased the apartment of this case as of Feb. 1973, 201.

According to the above facts, most of the purchase price of the apartment of this case appears to have been procured through bank loans (in light of the fact that the maximum debt amount of the right to collateral security established by the ordinary bank is 120% of the loan principal, the loan principal that the defendant received by the defendant appears to have been 144,00,000 won (=172,80,000,000 ±1.2) in calculating the loan principal, and the amount that the defendant assumed at his own expense is 54,00,000 won). The defendant's age at the time of the purchase of the apartment of this case is about 38 years old, and the age is about 54,00,000 won as his own economic activity.