1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the mother of the deceased C (hereinafter “the deceased”), and the Defendant is the spouse of the deceased.

B. On August 4, 1973, the registration of transfer of ownership in the name of the deceased was completed on August 4, 1973 with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”) on August 4, 1973.

C. On June 2014, the Deceased died on November 28, 2015 after he/she was diagnosed with food cancer, and on each of the instant real estate, the registration of ownership transfer was completed on May 4, 2016 on November 28, 2015 following the agreement on division of inherited property on November 28, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1) The instant real estate is purchased in the name of the deceased who was 13 years of age as of August 4, 1973 and completed the registration of ownership transfer in the name of the deceased, and the Plaintiff and the deceased are in a contractual title trust relationship. The Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

As of July 1, 1995, the deceased acquired ownership of each real estate of this case as of July 1, 1996 after the grace period as stipulated under the above Act was expired, and from that time, the deceased bears the obligation to return the real estate of this case to the plaintiff as unjust enrichment. Since the defendant succeeded by inheritance to the above obligation to return the deceased's unjust enrichment, the defendant is obligated to implement the procedure for the transfer of ownership of each real estate of this case as unjust enrichment return to the plaintiff. 2) The deceased recognized the Plaintiff's internal ownership of each real estate of this case until March 2014, at least until March 2014, and this constitutes a cause for suspending the extinctive prescription period, and thus, the plaintiff's right to request the return of unjust enrichment has not expired.

B. The summary of the Defendant’s assertion 1) Each real estate of this case is set D (hereinafter referred to as “the deceased”).