1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The court's explanation of this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance. Thus, it shall accept it by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion E provided the Defendants with the purchase fund and acquisition cost of the instant land, and trusted the name of the instant land to the Defendants.

The defendants are obligated to return 200 million won and acquisition cost (acquisition tax and registration tax) 8.8 million won to E with unlawful gains, excluding loans, out of the purchase fund.

As a creditor of E, the Plaintiff shall exercise by subrogation the claim for return of the above unjust enrichment against the Defendants of E.

B. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where a title truster and a title trustee entered into a contract title trust agreement, and entered into a contract with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the said contract, the title trustee will acquire full ownership of the relevant real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee is merely liable to return unjust enrichment to the title truster.

In this case, if the contract title trust agreement is after the enforcement of the Real Estate Real Name Act, the title truster could not acquire the ownership of the pertinent real estate from the beginning. Therefore, the damages suffered by the title truster due to the invalidation of the above contract title trust agreement are the purchase fund provided to the title trustee rather than the pertinent real estate itself. Therefore, the title trustee is not the relevant real estate itself, but the amount equivalent to