1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. On June 14, 2010, the Defendant entered into a sales contract with F to purchase the land D and E (hereinafter “instant land”) of Gyeongbuk-gun, Kim Jong-gun (hereinafter “instant sales contract”) with F, and completed the registration of ownership transfer for the instant land under the name of the Defendant on the grounds of the instant sales contract on June 17, 2010.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Plaintiff and the Defendant concluded a title trust agreement prior to the instant sales agreement and concluded the instant sales agreement with F, the title trustee, and the Defendant did not know that the title trustee was the party and completed the registration of ownership transfer regarding the instant land under the name of the Defendant. Therefore, the Defendant asserts to the effect that the Defendant is liable to return unjust enrichment equivalent to the purchase price

B. The defendant's assertion that the defendant was not the title trustee, but the actual party.

3. Determination

A. The person registered as the owner on whether the instant sales contract was based on the title trust is presumed to have acquired ownership through legitimate procedures and causes. Therefore, the fact that such registration was based on the title trust has the burden of proving that the claimant has the burden of proof.

(See Supreme Court Decision 2007Da9083 Decided April 24, 2008, and Supreme Court Decision 2014Da21533 Decided July 10, 2014, etc.). We examine the following circumstances: (a) During the business of mediating the sale and purchase of land by members of the Sung-gun, Sung-gun, a licensed real estate agent, for the following reasons, the seller is requested by the Plaintiff during the business of mediating the sale and purchase of land by members of the Sung-gun, Sung-gun, including the instant land.