1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 28, 2002, the Plaintiff completed the registration of ownership transfer based on inheritance by consultation and division on February 14, 2002 with respect to an apartment as indicated in the attached Form (hereinafter “instant apartment”).

B. On November 25, 2011, the Defendant completed the registration of ownership transfer claim based on the pre-sale agreement on November 25, 201 with respect to the instant apartment on November 25, 201, and completed the registration of ownership transfer based on the provisional registration on January 12, 2012 (hereinafter “instant registration of ownership transfer”).

C. On the other hand, around December 2014, the Defendant filed a lawsuit against the Plaintiff on the ground that the Plaintiff occupied and used the instant apartment, which is the Defendant’s possession, against the Plaintiff, claiming delivery of the building and return of unjust enrichment (Skcheon District Court 2014Kadan1050), and the court rendered a judgment on August 24, 2016 that “the Plaintiff is obligated to deliver the instant apartment to the Defendant, the owner of the instant Ampa, who is the owner of the instant apartment, and to pay the unjust enrichment calculated at the rate of KRW 393,00 per month from May 1, 2012 to the delivery date of the said apartment.”

The plaintiff appealed against this and is still pending in the appeal court (Skcheon District Court 2016Na1940).

In the above case, the plaintiff asserted that "the defendant cannot respond to the defendant's claim because he conspireds with the defendant to acquire the apartment of this case which was owned by the plaintiff," but the court did not accept it for detailed reasons.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Judgment on the plaintiff's assertion

A. 1) The Plaintiff was aware of C from around 2009, and C was sentenced to one year by imprisonment with prison labor for the crime that acquired a total of KRW 113,894,490 by deceiving the Plaintiff and taking money from the instant apartment by deceiving the Plaintiff. 2) The Plaintiff was only permitted to borrow the instant apartment by deeming C as collateral, and the Defendant, C, and D conspired with each other without the Plaintiff’s delegation.