1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff sold the instant loan to the Defendant and delegated the authority to receive the purchase price.

Inasmuch as a mandatary is obligated to deliver money and other things acquired through the management of delegated affairs to the mandator (Article 684 of the Civil Act). The Defendant is obligated to pay the Plaintiff KRW 133,230,789, which is equivalent to 3/10 of the Plaintiff’s share ratio, out of the remaining KRW 44,102,630, after deducting deposit and tax and public charges for lease from the purchase-price.

B. The Defendant’s assertion and the Defendant’s mother-friendly E trusted the Plaintiff with KRW 3/10 of the loan of this case, and the Defendant already paid KRW 180 million to E in excess of the amount equivalent to KRW 3/10 of the purchase price of the loan of this case.

2. The judgment real estate registration is presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the person who asserts that he/she had registered by trusting another person shall be liable to prove the title trust fact.

(See Supreme Court Decision 2012Da84479 Decided October 29, 2015 (see, e.g., Supreme Court Decision 2012Da8479, Oct. 29, 2015). In full view of the following facts or circumstances acknowledged by the respective entries and the entire purport of evidence Nos. 1 through 3, 6 through 11, No. 1, 3, and 13 (including serial numbers in the case of identification cards), the Plaintiff appears to have completed the registration of ownership transfer with respect to 3/10 of the instant loan loans pursuant to the implied title trust agreement with E, and therefore, it is difficult to deem that the Plaintiff, other than the real equity right holder of the instant loan, delegated the Defendant to sell and sell the instant loan loans without any further need to examine the Plaintiff’s assertion.

① Even according to the Plaintiff’s assertion, E has kept a registration certificate before the loan of this case was sold, and E has paid interest on money-related lease deposit and loan.