1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuit, the lawsuit of demurrer shall be dismissed.

(b).

1. Facts of recognition;

A. The Defendant’s investment and loss paid a total of KRW 130 million to E (E) (i.e., an investment amount of KRW 80 million from June 25, 2010 to April 29, 201; and (ii) an investment amount of KRW 50 million on June 25, 201) to the end that the Defendant would definitely pay high-rate earnings, but failed to recover.

B. The Plaintiff and D’s son, the Plaintiff, was the head of E’s audit and branch office.

The Plaintiff and D conducted a title trust agreement with D as a title truster and a title trustee, and the Plaintiff purchased the instant real estate (F apartment 107, 901, Seocheon-gu, Seocheon-gu) as the purchaser, and completed the registration of ownership transfer on November 20, 2010.

C. On February 29, 2012, the Defendant filed a lawsuit against D seeking compensation for damages of KRW 50 million out of the investment amount of KRW 130 million.

On December 13, 2013, as Seoul Central District Court 2012Gahap16839, D's joint tort liability for 50% of the Defendant's damages is recognized, D's first decision was rendered to pay the Defendant the amount of KRW 25 million and its delay damages.

In addition, the second judgment, together with the judgment, the defendant claimed damages against D for the amount of KRW 80 million invested, and filed a lawsuit seeking restitution of unjust enrichment by subrogation of D against the plaintiff.

In the relevant lawsuit, Seoul High Court Decision 2014Na43160, December 30, 2015, as to D, ① is liable for damages of KRW 70% with respect to KRW 80,000,000, and KRW 56,000,000 and its delay damages shall be paid to the Defendant. As to the Plaintiff, the Plaintiff is obligated to acquire the instant real estate through title trust and return the amount equivalent to the purchase price to D as unjust enrichment, the Defendant who subrogated D (i) is liable for damages of KRW 81,00,000,000 (= KRW 56,000,000,000,000) and KRW 25,000,000,000,000).