1. The defendant's appeal is dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and the Defendant is the Defendant.

1. The reasoning of the court's explanation concerning this case is as follows: (a) each “D” of the 2nd, 13th, 3th, 21th, 4th, 9, 10, and 14th of the judgment of the first instance shall be read as “Defendant’s Intervenor”; (b) the “service date” of the 5th, as “the service date”; and (c) the new argument in the trial of the first instance shall be read as “the service date”; and (d) the new argument in the trial of the first instance shall be described as the reasoning of the judgment of the first instance, except for the addition of the judgment under paragraph (2) of this

2. Additional determination

A. As to the Defendant’s conjunctive assertion, the Defendant asserts that, with respect to the Plaintiff’s conjunctive assertion, C’s agreement to pay the remainder of the purchase price of the instant co-ownership KRW 440 million to the Plaintiff upon the request of the Defendant’s Intervenor falls under the category of seeking the refund of the proceeds from the disposal of title trust real estate under the premise that the title trust agreement between the Plaintiff and the Defendant’s Intervenor is valid, and thus, the instant agreement is null and void as it is based on the invalid agreement. As such, the instant agreement is also null and void. Therefore, the Plaintiff’s claim seeking damages arising from the cancellation of the instant right to collateral security cannot be complied with on the premise that the instant agreement is valid.

Therefore, while the title trustee acquires full ownership of the pertinent real estate, the title truster is merely entitled to claim the return of unjust enrichment equivalent to the amount of the money that the title trustee provided to the title trustee, because the money that the title truster provided to the title trustee does not have any legal ground under the invalid title trust agreement.

(See Supreme Court Decision 2002Da66922 Decided January 28, 2005, etc.). However, the title truster and the title trustee of a contracting title trust transfer the ownership of real estate under the direction of the title truster or dispose of the real estate.