1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. As to B, the Plaintiff has a claim for reimbursement of KRW 54,108,533 and KRW 40,361,366 from December 30, 1998 to December 31, 1998; KRW 25% per annum from January 1, 1999 to May 31, 2003; and KRW 20% per annum from June 1, 2003 to D.

(Seoul Western District Court Decision 201543, July 3, 2013, the payment order dated 2013 and August 28, 2013). (B)

B, on April 19, 2011, the Defendant, a child of Gangseo-gu Seoul Metropolitan Government, completed the registration of ownership transfer based on the sale on March 1, 201, 201, with respect to 502 of the five stories D Apartments (hereinafter “instant apartment”).

[Judgment of the court below] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion B concluded a contract title trust agreement with the Defendant, who is an son, to avoid the obligees’ compulsory execution, while purchasing the instant apartment in excess of the debt, on the name of the buyer of the instant apartment.

Accordingly, the Defendant entered into the instant apartment sales contract and completed the registration of ownership transfer in the name of the Defendant.

The Defendant, a title trustee, obtained full ownership of the instant apartment pursuant to the proviso of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, and the title truster B obtained a claim for return of unjust enrichment equivalent to the purchase fund from the Defendant.

The Plaintiff, as the obligee B, subrogated the right to claim restitution of unjust enrichment against the Defendant. As such, the Defendant should pay to the Plaintiff KRW 136,184,700 (payment by subrogation and damages for delay until April 19, 201) and damages for delay.

3. Determination

A. The facts that the defendant was the child of B are as seen earlier.

In addition, according to the entry of No. 2 and the fact-finding results on E head of Gangseo-gu, the defendant was 23 years of age at the time of the death of the apartment of this case, and B is recognized as having made a move-in report on the apartment of this case and the G apartment of the Dong-gu, Ansan-si, the mother of the defendant was the F from 2013 to 2013.

(b).