1. The Plaintiff (Counter-Defendant) shall draw up the attached Form No. 101.11 square meters on the third floor of the real estate indicated in the attached list to the Defendant (Counterclaim Plaintiff) B and C.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and E maintained a de facto marital relationship from around 1990, and E died around December 30, 2016, and the Defendants are the inheritors of E.

B. On April 17, 2007, E completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “instant real estate”) due to sale and purchase, and Defendant B and C completed the registration of ownership transfer on February 13, 2017, based on inheritance by agreement and division as to one half of the instant real estate.

C. Meanwhile, as of the date of the closing of argument in this case, the Plaintiff occupied the portion (A) of 50 square meters on board and 74.65 square meters on the fourth floor of the instant real estate, which are successively connected to each of the items in the attached map Nos. 1, 2, 3, 4, 5, 6, 7, 7, 8, 9, 10, 11, 12, and 1.

(hereinafter referred to as “the occupied part of this case”). 【The basis for recognition / [the occupied part of this case] The fact that there is no dispute, Gap 2, Eul 1 through 4 (including each number; hereinafter the same shall apply), the purport of the entire pleadings

2. The parties' assertion

A. The plaintiff's assertion made a title trust agreement with E to avoid heavy taxation, and completed the registration of ownership transfer in the name of E with respect to the instant real estate in order to avoid heavy taxation, and Eul acquired the ownership of the instant real estate pursuant to the proviso to Article 4 (2) of the Act on the Registration of Real Estate under Actual Titleholder's Name. Since the instant title trust agreement is null and void pursuant to Article 4 (1) of the Act on the Registration of Real Estate under Actual Titleholder's Name, the defendants who jointly inherited E are obligated to return the purchase fund of the instant real estate to the plaintiff as unjust enrichment.

B. The Plaintiff’s assertion by the Defendants cannot be deemed to have nominal trust of the instant real estate to E, and Defendant B and C merely inherited the instant real estate from E, the owner of the instant real estate. The Plaintiff who occupied the instant portion without permission is its owner.