The plaintiff's claim against the defendants is dismissed in entirety.

Costs of lawsuit shall be borne individually by each person.

In this case, Defendant B’s mother, the mother of Defendant B, had arbitrarily disposed of D Apartment E (hereinafter “instant apartment”) in Seo-gu, Seo-gu, Daejeon (hereinafter “instant apartment”) owned by himself, and the Defendants were seeking restitution of unjust enrichment in relation to the claim of the purchase price.

On this issue, the Defendants are arguing that the proceeds of sale belongs to the Defendants as a truster who has held the title trust of the apartment of this case to the Plaintiff.

The plaintiff asserts that the contract party at the time of purchase of the apartment of this case is the plaintiff, so in the contract title trust, if the other party is bona fide, the plaintiff acquired the ownership within and outside the country without any legal ground, and the defendants are asserting that the sale price is acquired without any legal ground. The defendants are arguing that the type of title trust constitutes a third party title trust, and thus the plaintiff's argument cannot be established.

Therefore, the key issue of the instant case is whether there exists a title trust relationship between the Plaintiff and the Defendants with respect to the instant apartment, and ② If a title trust relationship is established, whether unjust enrichment is established in relation to the relationship with the Plaintiff, which is the trustee, when the Defendants, who are the trusters

The summary court of the pleading and the procedure has investigated the documentary evidence submitted by both parties while proceeding with the six-time date for pleading, which led to the judgment below in light of the overall purport of the pleading.

Judgment

Based on the evidence examination on documentary evidence submitted to both parties of the litigation relations acknowledged by this court, this court could recognize the following facts as to the issues.

Plaintiff

The same month on November 16, 2005, concerning the apartment of this case, the registration of ownership transfer in the name of the real estate (Evidence No. 2 and 4)

9. The registration for transfer of ownership in the Plaintiff’s name as a result of sale, and on January 2014.