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1. As to the Plaintiff’s share of 661/2845 square meters with respect to the 2845 square meters in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Incheon.
Reasons
1. Basic facts
A. The plaintiff is a female student of the defendant.
B. The land of this case was owned D, which completed the registration of ownership transfer on January 15, 199, in the Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seoul (hereinafter “instant land”).
C. The Defendant received the registration of ownership transfer from D on April 8, 2003 for the instant land on the ground of "trade on March 14, 2003".
【Ground for recognition】 Entry of No. 1, and the purport of the whole pleadings
2. The plaintiff's assertion
A. When the primary claimant Defendant purchased the instant land from D, the Plaintiff assumed KRW 20,000,000 out of the purchase price. The Defendant agreed on March 14, 2003 to transfer ownership of approximately KRW 661/2845 of the instant land to the Plaintiff on March 14, 200, and the Defendant is obligated to implement the procedure for ownership transfer registration for the portion of the instant land 661/2845 on the ground of the said agreement.
B. At the time of purchase of the instant land by the Defendant, the Plaintiff bears KRW 20,000,000 out of the purchase price, and completed the registration of ownership transfer under the name of the Defendant as to the entire land of this case.
Therefore, the Plaintiff is under title trust with the Defendant’s share of KRW 661/2845, which is equivalent to the value of KRW 20,000,000 among the instant land. Since the Defendant acquired ownership of the Plaintiff’s share and took legal benefits equivalent to KRW 20,000,000, which the Plaintiff provided to the Defendant, and thereby incurred loss to the Plaintiff, the Defendant is obligated to return the said purchase amount of KRW 20,00,000 to the Plaintiff with unjust enrichment.
3. Judgment as to the main claim
A. 1) The defendant is expected to purchase the land of this case to the plaintiff and the plaintiff-friendly job offering E around March 2002, and the defendant is expected to purchase the land of this case, and 48,000,000 won out of the purchase price shall be borne by himself and the remaining 40,000,000 won shall be borne by the plaintiff and E, respectively.