1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordered to be paid, shall be revoked.

1. The court's explanation on this part of the facts of recognition is the same as the entry of "1. Facts of recognition" in the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's assertion

A. The Defendants initially purchased the instant land with joint investment and completed the registration of ownership transfer in Defendant C’s name, and thus, there was a contractual title trust among the Defendants regarding the said land.

Then, the plaintiff acquired the status of the above contracting truster as a whole by defendant B.

However, since a contract title trust agreement is legally null and void, Defendant C is obligated to return to the Plaintiff the sum of KRW 63,187,000 paid by the Plaintiff to Defendant C as purchase price of the instant land and KRW 66,710,000 paid to Defendant C. 129,897,00.

B. Preliminary claim 1) Upon Defendant B’s request, the Plaintiff lent KRW 63,187,00 to Defendant B’s passbook for the purchase of the instant land, and KRW 66,710,00 to Defendant C’s passbook for the purchase of the instant land. Defendant B is obligated to repay the said loan to the Plaintiff. In addition, since the contractual title trust agreement entered into between the Defendants relating to the instant land is null and void, Defendant C shall return the amount of KRW 215,00,000, which is the amount equivalent to the real estate purchase fund, to Defendant C’s unjust enrichment. Since Defendant B is insolvent and does not exercise the said right by itself, the Plaintiff’s subrogation is claimed by the Plaintiff.

This part, like the primary claim, assumes that the title trust of the Plaintiff’s assertion is null and void, but the creditor of the claim for return of unjust enrichment is not the Plaintiff but the Defendant C, unlike the primary claim.

3. Ex officio determination as to the requirements for the lawsuit is made on the legitimacy of the conjunctive claim part against Defendant C among the instant lawsuit.

The creditor may subrogate the debtor.