1. According to the amendments to the claims and causes of the principal lawsuit by this court, the part of the judgment of the first instance is as follows.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this Court’s explanation is the same as the part “1. Basic Facts” between the second and third parties of the judgment of the court of first instance, and thus, this Court shall accept it by the main text of Article 420 of the Civil Procedure Act.

2. Grounds for the claim;

A. The Plaintiff, as the actual owner of the entire real estate of this case or at least 317/470 shares of the Plaintiff’s share ratio (317,00,000,000 out of KRW 470,00) out of the real estate purchase amount, is a co-owner, and the Plaintiff entered into a title trust agreement with E on the Plaintiff’s share ownership, and completed the registration of ownership transfer in the name of E on the instant real estate.

However, the above title trust agreement is null and void pursuant to Article 4(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). Since E acquires the ownership of the instant real estate pursuant to the proviso of Article 4(2) of the Real Estate Real Name Act, the Defendants who jointly inherited E are obligated to return the amount equivalent to the purchase price of the instant real estate borne by the Plaintiff to the Plaintiff as unjust enrichment.

Therefore, the Defendants are liable to refund to the Plaintiff each KRW 105,66,666 (317,000,000 ±3,000) and damages for delay.

B. The plaintiff cannot be deemed to have trusted the real estate of this case to Eul, and the defendant B and C merely inherited the real estate of this case from E, the owner, and the plaintiff, who occupied the part of this case without permission, has the duty to deliver the part of the possession of this case to the defendant B and C, the owner.

3. Judgment on the main claim

A. Article 830(1) of the Civil Act provides that “The real estate acquired by one spouse in the name of the sole owner during the marriage shall be presumed to be the unique property of the nominal owner.” Therefore, the presumption of title trust regarding the real estate shall be reversed, thereby recognizing that there was a title trust.