1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasons for a judgment of the first instance shall be quoted by this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the first instance;

However, under the first instance court's decision 4, the second instance's "O. 9, 2009. 0. 0. 9" shall be read as "O. 9, 200." and the following shall be added to the new decision made by the Defendant in this court.

2. Additional determination

A. 1) The Defendant’s assertion regarding title trust in the form of middle omission registration on the instant land (A) even if the Plaintiff trusted the instant land to B, this is null and void pursuant to Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and thus, the ownership and right to dispose of the instant land belongs to B, and the Plaintiff cannot have the right to dispose thereof.

In addition, the purport of the title trust, such as acquisition tax, is to avoid tax, and such title trust is null and void if the Plaintiff returned the instant land from B and without title trust to the Defendant.

B) The Plaintiff’s right to claim the return of the instant land against B or the right to claim the return of unjust enrichment related thereto had already expired due to the expiration of the extinctive prescription, and the Defendant acquired full ownership since the Plaintiff completed the registration of ownership transfer due to donation from B on October 12, 2000, which was after the expiration of the said extinctive prescription, the Defendant acquired the ownership. (2) As seen earlier, the Plaintiff purchased the instant land under B’s title under the title trust agreement with B and completed the registration of ownership transfer under B on June 4, 1997, as seen earlier. In light of all circumstances, the ownership of the instant land is deemed to fall under a title trust under a seller’s bona fide contract. Therefore, regardless of whether the purchase price was paid, the title trustee would acquire the instant land (Article 4(2) of the Real Estate Real Name Act, and the title trust agreement between the Plaintiff and B is null and void pursuant to Article 4(