1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 14, 2016, the Plaintiff filed a lawsuit against the Defendant’s husband C with the Daegu District Court 2016Gahap1155, and rendered a judgment on July 14, 2016 that “C shall pay to the Plaintiff the amount of KRW 409,00,000 and the interest rate of KRW 15% per annum from April 2, 2016 to the date of full payment,” and the said judgment became final and conclusive on August 5, 2016.

B. On June 14, 2008, the Defendant entered into a sales contract with Nonparty D with respect to the purchase price of KRW 305,000,00 with respect to the building 107 Dong-dong 1507 (hereinafter “instant apartment”) (hereinafter “instant apartment”), and completed the registration of ownership transfer regarding the instant apartment on July 30, 2008.

C. On August 20, 2015, the Defendant sold the instant apartment in KRW 510,00,000 to Nonparty F.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 6 and 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. At the time of the Defendant’s assertion, a title trust agreement existed between C and his wife at the time of purchase of the instant apartment, and the Defendant’s sale of the instant apartment, terminated the above title trust agreement, and the Defendant bears the obligation to return unjust enrichment worth KRW 510,000,000, the purchase price of the instant apartment.

C The plaintiff, as a creditor, seeks to return 25,00,000 won as part of a claim against the defendant in subrogation of insolvent C, as unjust enrichment.

B. Determination 1) The defendant is the family head who married with C on December 22, 1986 and has two children.

From April 1, 1991 to March 1, 2004, the defendant was registered as C's dependent who is the health insurance policyholder.

B) On December 22, 2005, the Defendant applied for an offer to G apartment and won. On November 25, 2006, the Defendant sold the said apartment unit to Nonparty H in KRW 70,000,000. C) on May 26, 1994 (hereinafter “previous apartment”) the apartment unit located in the same complex as the instant apartment unit.