1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a woman of the deceased C (the deceased on August 11, 2015, hereinafter “the deceased”), and the Defendant is a woman of the deceased’s South Korea as the head of the deceased’s South Korea.

B. Around June 5, 1999, the Plaintiff drafted a sales contract with I and J to purchase the instant apartment at KRW 10 million, intermediate payment of KRW 40 million, the remainder of KRW 30 million, and the total purchase price of KRW 83 million (hereinafter “instant sales contract”).

C. On July 19, 199, the Plaintiff completed the registration of ownership transfer for the apartment of this case on the ground of sale as of June 19, 199.

On the other hand, the defendant has occupied and used the apartment of this case from January 5, 2015 until then.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff is the legitimate owner of the apartment of this case, and the defendant occupies the apartment of this case without any title. Thus, the defendant must deliver the apartment of this case to the plaintiff.

B) Even if, according to the title trust agreement with the deceased, the apartment of this case was made in the name of the plaintiff according to the title trust agreement with the deceased, the above title trust agreement was concluded inasmuch as I and J did not know that the seller of the apartment of this case was a title trust agreement, the plaintiff acquired the ownership of the apartment of this case in accordance with the proviso of Article 4(2) of the Act on the Registration of the Registration of Real Estate under Actual Titleholder’s Name. Thus, the defendant must deliver the apartment of this case to the plaintiff. 2) Since the defendant had purchased the apartment of this case in the name of the plaintiff around 199, after entering into a title trust agreement with the plaintiff, and I and J knew that the seller was aware of such title trust agreement, the above title trust agreement with respect to

Therefore, the plaintiff is the owner of the apartment of this case.