1. The plaintiff's claim is dismissed.

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

1. Presumed factual basis

A. The defendant is the birth of the plaintiff's wife C, D (ma), C (ma), E (ma), F (ma) and the defendant (ma) are siblingss of the plaintiff's wife C.

B. 1) On October 8, 1981, the transfer registration of ownership in the Plaintiff’s name with respect to the size of 63 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, is a building on the ground (hereinafter “instant building”), and the land portion and the “instant real estate” collectively are deemed to be the “instant real estate.”

On October 5, 1983, the registration of initial ownership in the Plaintiff’s name was completed. After that, on July 4, 1991, the registration of initial ownership in the instant real estate was completed due to the sale on June 16, 191. (2) On July 30, 2003, the Defendant divided the instant building into H and I and completed each registration, respectively.

3) On February 26, 2004 with respect to H among the instant building, the registration of ownership transfer under J on February 26, 2004, and the registration of ownership transfer under K and L on June 29, 2006 with respect to H was completed on June 29, 2006. [Grounds for recognition] There is no dispute, and Gap 1, 4, and 17 evidence (including virtual numbers, and the purport of the entire pleadings).

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion was the title trust of the real estate of this case to the defendant. Since the defendant divided the building of this case and sold Hho and I to a third party, the defendant must return the total amount of KRW 192,00,000 to the plaintiff as unjust enrichment.

B. Generally, in the event that only the name of the owner of real estate is entrusted to another person, documents proving the legal relationship, such as the registration certificate, are held by the title truster, who is the actual owner. Therefore, if the title trustee holds such legal relationship documents, if he/she is named as the title trustee, such document may not be deemed as impeding the recognition of the title trust relationship, unless there is an explanation that he/she would be able to obtain the said legal relationship.

In addition, a person registered as an owner of a real estate.