1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 2017, the Plaintiff: (a) awarded a successful bid to C with the Ulsan District Court D on the real estate stated in the separate sheet (hereinafter “instant real estate”); (b) proposed that C be defective in the relevant business, such as waste treatment; and (c) consented thereto.

B. Accordingly, on March 27, 2017, the Plaintiff and C established the Defendant for the aforementioned waste treatment business, etc., and C became the representative director, and the Plaintiff became the inside director.

C. On March 29, 2017, the Defendant participated in the auction procedure on the instant real estate, and KRW 110 million out of the bid bond of KRW 330,030,000, the Plaintiff shared the remainder of KRW 220,030,000, respectively.

Afterward, the Defendant borrowed KRW 880 million from the E Bank, and paid KRW 770,970,000 for the remainder of the instant real estate, and completed the registration of ownership transfer on May 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 9, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and C concluded a title trust agreement with the Defendant to purchase each one-half shares of the instant real estate under the name of the Defendant, and purchased the said real estate from the seller without knowledge thereof. The said title trust agreement becomes null and void pursuant to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), but the Defendant, the title trustee, acquired the ownership of the instant real estate in accordance with the legal doctrine of the title trust under which the seller

Therefore, the Defendant, as unjust enrichment return, is obligated to implement the registration procedure for ownership transfer with respect to the one-half shares of the instant real estate.

B. The Plaintiff and the Defendant merely bear KRW 110 million, which is a part of the bid bond in the voluntary auction procedure for the instant real estate.