1. The instant lawsuit shall be dismissed.

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

1. The Plaintiff’s assertion entered into a contract title trust agreement with the Defendant on March 29, 2014, and entered into a sales contract with C, the title trustee of which was not aware that the Defendant was a party to the title trust agreement, setting the price for D Apartment E (hereinafter “instant apartment”) as KRW 250,000,000, and completed the registration of ownership transfer for the said apartment under the name of the Defendant.

In addition, the Plaintiff paid C the purchase price of KRW 250,000,000.

Therefore, the defendant is obligated to return to the plaintiff 250,000,000 won with unjust enrichment and damages for delay.

2. Determination on this safety defense

A. The Plaintiff’s filing of a lawsuit in the name of the Plaintiff is unlawful, as the Plaintiff did not have any mental capacity.

(b) Determination capacity means mental ability or intelligence that can be reasonably determined based on the meaning or outcome of one’s act based on normal perception and towing ability, and shall be individually determined in relation to specific legal acts.

In particular, in cases where a certain juristic act is given with a special legal meaning or effect that makes it difficult to understand only the ordinary meaning of the act, the mental ability to understand not only the ordinary meaning of the act but also the legal meaning or effect (see, e.g., Supreme Court Decision 2008Da58367, Jan. 15, 2009). In this case, in light of the following circumstances, it is reasonable to determine that the Plaintiff was unable to understand the legal meaning and effect of the instant lawsuit at the time of the filing of the instant lawsuit, in view of the overall purport of the pleadings as stated in the evidence No. 9-1 to No. 5 and the evidence No. 3, 5, 7, and 8:

Article 62-2(1) of the Civil Procedure Act shall apply from the time the instant lawsuit was filed to the time of closing argument.