1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

1. Basic facts

A. C (hereinafter “the deceased”) died on April 14, 2016, and the heir is the Plaintiff, Defendant, and E, a spouse.

D died on December 16, 2016.

B. On June 18, 2013, the Defendant awarded a successful bid of the real estate listed in the separate sheet (hereinafter “instant building”) in the F real estate auction procedure by the Incheon District Court in the Incheon District Court (hereinafter “instant building”) and completed the registration of ownership transfer on June 19, 2003.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The building of this case, which is the primary claim, is the property trusted to the Defendant by the deceased.

According to the so-called contract title trust doctrine, the deceased has a claim for return of unjust enrichment against the defendant, and the plaintiff succeeded to the part equivalent to 1/3 of the inheritance shares among the above claims of the deceased.

Therefore, the Plaintiff sought payment of KRW 1.2 billion to the Defendant of the building value of this case, which is KRW 1.2 billion.4 billion.

B. If the deceased donated the instant building to the Defendant, it shall be included in basic property for calculating legal reserve of inheritance.

The plaintiff sought reimbursement of KRW 200 million equivalent to 1/6 of the plaintiff's legal reserve of inheritance among the 1.2 billion building value of the building of this case by exercising the right to claim the return of legal reserve of inheritance against the defendant.

3. Judgment as to the main claim

A. 1) In order to establish a title trust relationship with respect to the instant building as to the title trust agreement, there must be an agreement between the truster and the trustee on the establishment of the title trust relationship (see, e.g., Supreme Court Decision 81Meu367, Dec. 8, 1981). In full view of the written evidence Nos. 4, 7, 11, and Nos. 1 and 8, the Defendant borrowed KRW 140,000 from the G Association on June 19, 2003 to pay for the expenses incurred in acquiring the instant building’s successful bid price of KRW 370,000,000, and around July 30, 2003, the Deceased received KRW 140,000 from the Defendant.