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1. The Defendant: (a) KRW 155,00,000 for the Plaintiff and KRW 5% per annum from February 7, 2019 to October 16, 2019; and (b).
Reasons
1. Facts of recognition;
A. On August 13, 2003, the registration of ownership transfer is completed in the future on August 13, 2003, with respect to the pertinent real estate of 5210 square meters and D 1290 square meters (hereinafter collectively referred to as “instant real estate”).
B. On March 2005, the Plaintiff entered into an agreement with the Defendant, who is his father’s father and the Defendant to title trust the instant real estate (hereinafter “instant title trust agreement”).
On March 3, 2005, the Defendant concluded a sales contract to purchase the instant real estate in KRW 155,00,000.
The defendant paid the purchase price in full with the plaintiff's funds, and completed the registration of ownership transfer in the future of the defendant on March 29, 2005 with respect to the real estate of this case.
[Grounds for recognition] The items in Gap evidence 1-1, 2, and Gap evidence 2-2, and the purport of the whole pleadings
2. Assertion and determination
A. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where a title truster and a title trustee entered into a contract under a title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the said contract, the title trustee, despite the invalidity of the title trust agreement between the title truster and the title trustee, shall obtain full ownership of the pertinent real estate pursuant to the proviso of Article 4(2) of the Real Estate Real Name Act, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, is obliged to return unjust enrichment equivalent to the purchase fund provided by the title truster (see, e.g., Supreme Court Decision 2007Da69148, 69155, Feb. 14, 2008). According to the above acknowledged facts, the title trustee entered into the instant trust agreement with E and the instant real estate.