1. The defendant has caused the plaintiff to return unjust enrichment regarding the real estate stated in the attached list.

1. Facts of recognition;

A. On June 30, 1986, the Plaintiff concluded an agreement with the Defendant, the wife of the Plaintiff, to purchase real estate listed in the separate sheet in the name of the Defendant (hereinafter “instant real estate”), and concluded a sales contract with Hyundai Construction Co., Ltd. and the instant real estate (hereinafter “instant sales contract”).

B. On December 28, 1990, the Plaintiff completed the registration of ownership transfer under the name of the Defendant with respect to the instant real estate after paying the sale price of the instant real estate.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

A. In a case where the title trustee acquires the title of ownership of real estate in accordance with the title trust agreement before the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), the title truster may cancel the title trust agreement and acquire the ownership of the pertinent real estate at any time until the grace period prescribed in Article 11 expires after the enforcement of the Real Estate Real Name Act. The title truster is obligated to return the pertinent real estate acquired by him/her as unjust enrichment on the part of the title trustee, while the title trustee becomes null and void under Articles 12(1) and 4 after the grace period expires without taking any measures such as real name, etc.

(See Supreme Court Decision 2008Da62687 Decided November 27, 2008, etc.). B.

According to the above facts, after the Plaintiff concluded the instant sales contract under the name of the Defendant according to the title trust agreement with the Defendant, and paid the sales price in full, it is the real estate in the future of the Defendant.