1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 23, 2014, the Daegu District Court rendered a compulsory decision to commence the auction (E) regarding the Daegu-gu Seoul Building D (hereinafter “instant apartment”) owned by the Plaintiff.

B. The defendant is the F's spouse who is the plaintiff's spouse.

On March 16, 2015, the Defendant received the decision to permit the sale of KRW 1400,000 from the above auction procedure, and paid the sale price in full on April 10, 2015.

C. The Plaintiff remitted KRW 29 million to the Defendant on April 10, 2015, KRW 5 million on June 11, 2016, KRW 3 million on June 30, 2016, and KRW 3 million on August 3, 2016, and September 2, 2016; and KRW 3,000 on October 8, 2016; and KRW 8,000 on November 8, 2016; and KRW 17,7,07; and KRW 17,00 on January 6, 2017; and KRW 17,7,000 on July 27, 2017, respectively;

On April 10, 2015, the Defendant completed the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 64.8 million to the G Association, and on July 18, 2016, the registration of the establishment of a neighboring mortgage with the maximum debt amount of KRW 30 million to Nonparty H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. When the auction procedure on the instant apartment was in progress, the Plaintiff’s assertion concluded a title trust agreement with the Defendant, who is the husband F, and provided part of the bid bond and sales price to the Defendant pursuant to the above title trust agreement. The Defendant agreed to obtain a loan from the G Association as security for the remainder of the sales price, and the Plaintiff transferred the interest on the said loan and the property tax on the said apartment to the Defendant.

Since a title trust agreement between the plaintiff and the defendant is null and void, the defendant must return 50,780,000 won paid by the plaintiff to acquire and maintain the defendant's ownership as unjust enrichment.

B. The Defendant alleged that the instant real estate was acquired by lending money from F, a branch, and the Plaintiff and the title trust agreement.