1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. From February 28, 201 to November 12, 2011, the Plaintiff leased a total of KRW 687,000,000 to C, and received only KRW 200,000 among them.

B. On September 15, 2015, the Plaintiff filed a lawsuit against C seeking the payment of the loan balance (No. 2015dahap11082) and sentenced on December 14, 2016, that “C shall pay to the Plaintiff the amount calculated by the rate of 15% per annum from October 20, 2015 to the date of complete payment,” and the said judgment became final and conclusive on January 5, 2017.

C. On January 22, 2007, the Defendant, the mother of C, entered into a sales contract with F Co., Ltd. to sell the 275,780,000 won of the supply price of the D Apartment No. 20 E (hereinafter “instant apartment”). D.

On December 1, 2009, the registration of ownership preservation was completed in the future F Co., Ltd. and G Co., Ltd. on the apartment of this case, and the registration of ownership transfer was completed on January 22, 2007 on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 3, the purport of the whole pleadings

2. The Plaintiff’s assertion C concluded a sales contract on the instant apartment between the seller who was the title trustee and the seller who was unaware of the fact that the title trust agreement was entered into with the Defendant, according to the contract title trust agreement entered into with the Defendant, and accordingly, completed the registration of ownership transfer on the instant apartment in the name of the Defendant

In this case, notwithstanding the invalidity of the above contract title trust agreement, the Defendant, the title trustee, acquired the complete ownership of the apartment of this case, but the title truster C bears the obligation to return unjust enrichment equivalent to the purchase fund of this case.

Therefore, the defendant, a creditor who subrogated C, is insolvent, shall be KRW 275,780,000, equivalent to the purchase fund of the apartment in this case, and damages for delay.