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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and the Defendant were dead on May 4, 2002, when they were dead of the deceased C’s children.
B. On January 22, 199, the Defendant completed the registration procedure for transfer of ownership based on each gift with respect to the Dong-si Do-si 3066.2 square meters (hereinafter “the instant real estate”), and with respect to the shares of 268/2036 square meters in E large 2036 square meters on December 22, 1997, and the single-story house of 268/2036 square meters in E large 2036 square meters.
C. After that, the registration of transfer of ownership was completed in F’s name on the ground of sale on August 27, 2012 (the transaction value of KRW 330,000,000) with respect to the instant real estate.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1-1 to 3, and evidence 2, and purport of the whole pleadings
2. The Plaintiff’s judgment as to the cause of the claim did not pay the Plaintiff the sales price of the instant real estate after being entrusted with the name of the Plaintiff in 196 and completing the registration of ownership transfer. However, as unjust enrichment return or agreed money, G sought payment of KRW 100 million and delay damages for the sale price of the instant real estate. However, according to the witness G’s testimony as seen to meet the above cause of claim, G stated that G would make the Plaintiff the instant real estate before the deceased C, and that the deceased C would later transfer the instant real estate to the Plaintiff after the disposal of the instant real estate, and that the Defendant transferred the instant real estate to the Plaintiff after the disposal of the real estate, from the Plaintiff, the Plaintiff had the Plaintiff paid the instant real estate sales price to the Plaintiff after the disposal of the instant real estate. In other words, the Plaintiff can be seen by comprehensively taking account of the following circumstances, namely, the Plaintiff’s statement No. 1-3, witness G’s testimony and the entire purport of pleading before the completion of the instant provisional registration or provisional disposition.