1. The plaintiff's appeal and the selective claim in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

1. The reasons for the entry in this case are as follows: “B At the time of acquiring the instant real estate, the Defendant appears to have appropriated the purchase price with the funds held by the Defendant at the time of acquiring the instant real estate and the sales price for selling existing apartment buildings” under Section 6, Section 10, Section 11, and Section 12 of the first instance judgment: “B at the time of acquiring the instant real estate, the Defendant appropriated the purchase price with the funds held by the Defendant at KRW 400 million and the loan amount at KRW 400,000,000, and thereafter, the said loan will be deemed to have been repaid with the sales price for selling the existing apartment,” and except for adding to the judgment on the selective claim added in the first instance trial as set forth in Section 2, it is identical to the corresponding part of the

2. Determination as to the selective claims added in the trial

A. The summary of the Plaintiff’s assertion and H concluded a contract title trust agreement with I who was the purchaser and was unaware of the fact that H was a title trust agreement, and completed the registration of ownership transfer under H’s name.

According to Article 4(1) and the proviso to Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), a title trustee, is null and void, but the title trustee, obtains full ownership of the pertinent real estate. However, the title truster C bears the obligation to return the amount equivalent to the purchase fund received from C to unjust enrichment ( even if the instant title trust agreement was concluded between the Defendant and H, H bears the obligation to return unjust enrichment to the Defendant as well as to the C who actually provided the said purchase fund). Meanwhile, the ownership transfer registration of this case was based on a title trust agreement between C and the Defendant or the Defendant under the Real Estate Real Name Act.