1. The plaintiff's claim against the defendants is dismissed.

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

1. On February 4, 2004, F, having a de facto marital relationship with the Plaintiff, completed the registration of transfer of ownership on the same day on the same day as on April 12, 2004, with respect to the real estate owned by Nonparty G (hereinafter “instant real estate”).

The F died on August 3, 2015.

The Defendants, as the inheritors of the Deceased, completed the registration of share ownership transfer on August 3, 2015 due to inheritance on August 3, 2015.

[Ground of recognition] Facts without dispute between the parties, Gap evidence 1 to Gap evidence 3, purport of whole pleadings

2. Determination as to the cause of action

A. On February 4, 2004, the Plaintiff’s summary of the Plaintiff’s assertion: (a) purchased the instant real estate in the name of KRW 170 million; and (b) concluded a sales contract with a seller who is unaware of the fact of a title trust agreement and completed the registration of ownership transfer in the name of F as of April 12, 2004, under a trust with the deceased in a de facto marital relationship.

The title trust on the above real estate between the plaintiff and the deceased is a title trust after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name. The deceased made unjust enrichment equivalent to the purchase price of the above real estate, and thus, is obligated to return it to the plaintiff. As to the above real estate, the defendants succeeding to the title trust relationship as the heir of the deceased, who succeeded to the title trust relationship, are obligated to return to the plaintiff the unjust enrichment of KRW 170 million,00,000,000, which

B. Since a person registered as an owner of a judgment real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that such registration was based on title trust has the burden of proof for the claimant.

(see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). First, whether there was a title trust agreement between the Plaintiff and the Deceased on the instant real estate.