1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the judgment of the court of first instance as stipulated in the following Paragraph 2, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The gist of the Plaintiff’s assertion was that the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name regarding the instant land according to the network D and the title trust agreement, and the title trust relationship existed with G, etc., who is the heir, after the deceased D and the deceased.

However, the deceased D, G, etc. did not complete the real name registration within the grace period under Article 11 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), and as a result, the Plaintiff acquired the ownership of the instant land pursuant to Articles 12(1) and 4 of the same Act.

Meanwhile, the Plaintiff completed the registration of ownership transfer under Defendant C’s name regarding the instant land according to the title trust agreement between G, etc. and Defendant C. However, such title trust agreement and the registration of ownership transfer under Defendant C are both null and void pursuant to Article 4 of the Real Estate Real Name Act, and the registration of ownership transfer under Defendant B’s name is also null and void.

Therefore, Defendant B is obligated to pay KRW 148,161,00,00 as compensation for losses to the Plaintiff, a legitimate owner of the instant land, as unjust enrichment. Even if not, Defendant C violated the Plaintiff’s ownership regarding the instant land and suffered losses to the Plaintiff. As such, Defendant C is obligated to pay the amount equivalent to compensation for losses for the instant land as compensation for tort.

B. Determination 1: (a) the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name regarding the instant land in accordance with the network D and the title trust agreement; and (b) on March 1, 1995 where the network D died.