1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 8, 2006, the sales contract was concluded with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by Nonparty C (hereinafter “instant sales contract”). On February 8, 2006, the Defendant, Nonparty D, and C purchased the instant real estate from Nonparty C at KRW 458,00,000 (hereinafter “instant sales contract”).

B. On March 23, 2006, the Defendant completed the registration of ownership transfer based on the instant sales contract with respect to 1/3 shares out of the instant real estate (hereinafter “instant 1/3 shares”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. On February 8, 2006, the Plaintiff and Nonparty F (Death around April 2006) entrusted the name of the Defendant and concluded the instant sales contract under the Defendant’s name and completed the registration of ownership transfer in the name of the Defendant with respect to the instant 1/3 shares.

B. On February 8, 2006, the Plaintiff paid F the intermediate payment of KRW 20,000,000 to F, and paid KRW 30,000,000 from the intermediate payment of KRW 30,000 to G on the 27th day of the same month, and paid KRW 30,000,000 to F for the transfer of the remainder and registration, and disbursed KRW 80,00,000 as the purchase fund of the instant real estate.

C. 1/2 of the instant 1/3 shares, namely, the 1/6 shares out of the instant real estate (hereinafter “instant shares”), was a contractual title trust to the Defendant.

Although a contract title trust is null and void, since a seller did not know the existence of a title trust agreement and the transfer of ownership of the shares in this case is valid, the defendant obtained unjust enrichment amounting to KRW 80,000,000 from the plaintiff.

3. Determination

A. In full view of the evidence No. 3 and witness G’s testimony, the Plaintiff paid KRW 30,000,000 to G around February 27, 2006, and G transferred the above KRW 30,000,00 to G as part of part of the intermediate payment of the instant trade to G, may be acknowledged.

B. Furthermore, the Plaintiff’s payment of KRW 20,000,000 to F on February 8, 2006.