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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 18, 2005, the registration of ownership transfer was made with respect to the Plaintiff, D, E, F, G, H, I, K, K, and L, respectively, with respect to the 1/10 shares of the Plaintiff, D, E, F, G, H, H, K, and 1/10 shares in the Cheongbuk-gun, Cheongbuk-do, Chungcheongnam-do. (hereinafter “instant land”).
B. On February 21, 2013, with respect to the aggregate of 7/10 shares of F, G, H, I, J, K, and L among the instant land, the registration of ownership transfer was made on the same day in the future against the Defendant.
[Reasons for Recognition] Gap evidence No. 1
2. The assertion and judgment
A. Of the Plaintiff’s assertion, 7/10 of the 7/10 shares in F, etc. in the instant land was jointly purchased by the Plaintiff, D, and E, and the registration of ownership transfer was made in the form of a purchase by the Defendant upon title trust to the Defendant
(Contract Title Trust) With respect to KRW 191,66,666, which corresponds to KRW 1/3 of the purchase price provided by Plaintiffs, D, and E, KRW 575 million, the Defendant is obligated to return to the Plaintiff in unjust enrichment.
B. (1) Since the person who is registered as the owner with respect to the real estate is presumed to have acquired the ownership by due process and cause, the fact that the registration was based on the title trust has the burden of proof for the claimant.
(2) As evidence that conforms to the Plaintiff’s claim on title trust, each of the evidence No. 6-1, No. 2 (M’s factual verification), and evidence No. 7-1, and No. 7-2 (L’s factual verification) is indicated in the evidence that conforms to the Plaintiff’s claim on title trust.
However, in general, where only the name of the owner of real estate is entrusted to another person, documents proving the relationship of rights, such as the registration certificate, are in accord with the empirical rule to the title truster, who is the actual owner. In light of the fact that the Plaintiff is unable to submit objective materials to support the actual ownership of the shares in the name of the defendant among the real estate in this case, it is difficult to believe that
(3) and evidence Nos. 1, 2, and 1-3.