1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 15, 2014, the Plaintiff filed a lawsuit against C and D seeking a return of the amount of private loan (hereinafter referred to as Suwon District Court Branch Branch Branch Decision 2013Da46848), and was sentenced by the said court on April 15, 2014 to the effect that “C shall pay to the Plaintiff the amount of KRW 50 million and the amount of money calculated at the rate of 6% per annum from December 27, 2013 to April 15, 2014, and 20% per annum from the following day to the date of full payment.” The said judgment became final and conclusive on May 8, 2014.

B. However, on June 29, 2015, the Defendant, who is a son of C and D, purchased KRW 173,500,000,000,000,000 for E & 506 square meters, and Flux 600 square meters (hereinafter collectively referred to as “instant real estate”), and completed the registration of ownership on July 1, 2015.

C. Meanwhile, the remainder of the principal and interest as of May 29, 2019, based on the Plaintiff’s final and conclusive judgment against C (hereinafter “instant private loan claim”) is KRW 102,136,985 as follows.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The registration of transfer of ownership in the name of the Defendant with respect to the instant real estate as to the gist of the Plaintiff’s assertion is based on the so-called “contract title trust” that completed the registration of transfer of ownership in the future of the Defendant, after C entered into a sales contract with G, the former owner

Therefore, C shall have a claim for return of unjust enrichment of KRW 173,500,000 for the purchase price against the Defendant, and the Plaintiff is acting in subrogation of C’s claim for return of unjust enrichment in order to preserve the claim for collection of unjust enrichment of this case. Thus, the Defendant is obligated to pay the Plaintiff the above claim for unjust enrichment of KRW 102,136,985 and the delay damages for the payment of the claim

B. (1) Determination is without dispute between the parties, or according to the above basic facts, the plaintiff has a claim against C with respect to the instant private loan, and the fact that C is insolvent is acknowledged.

(2) Furthermore, between C and the Defendant.