1. All of the instant claims are dismissed.

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

1. The parties' assertion

A. (1) The Plaintiff’s assertion (1) was sentenced on January 16, 2019 to “D shall pay to the Plaintiff 115,180,000 won and the amount calculated by the rate of 5% per annum from February 1, 2018 to October 18, 2018, and 12% per annum from October 19, 2018 to the date of full payment.”

On October 31, 2019, the Plaintiff holds to D the total amount of KRW 133,594,832 as of October 31, 2019, while D is in excess of its obligations due to its insolvent.

(2) On October 29, 2016, D entered into a title trust agreement with Defendant C, who is his/her father’s father, and entered into a sales contract with the seller of real estate listed in the separate sheet (hereinafter “instant apartment”) of KRW 129,00,000,000. Defendant C received KRW 129,000 from D and completed the ownership transfer registration (hereinafter “the instant transfer registration”) under the name of Defendant B of the contracting name on December 30, 2016 under the name of the contracting name.

(3) In the event that Defendant C and Defendant C were in bad faith with respect to the title trust agreement between Defendant D and Defendant B, the Plaintiff filed a claim against Defendant C for the registration of cancellation of the instant transfer in subrogation of D and Defendant C, and for the registration of transfer of ownership as a result of sale on October 29, 2016 against Defendant C in subrogation of D and Defendant C.

(4) Preliminaryly, in the event that a seller C acted in good faith for a title trust agreement, the Plaintiff seeks a return of unjust enrichment against the Defendant B in subrogation of the debtor D.

B. Defendant B’s assertion (1) did not have concluded a title trust agreement with Defendant B on the instant apartment with D.

(2) Defendant C’s assertion that Defendant C entered into a sales contract with Defendant B on the instant apartment, and only completed the instant registration of transfer, did not know that D did not know.

2. Determination A on the issues