1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 13, 2015, the Plaintiff filed a lawsuit against C seeking payment of the agreed amount of KRW 49,907,000 as Busan District Court Decision 201Ga3428, and damages for delay thereof, and received a favorable judgment on August 13, 2015.

B. Based on the above winning judgment, the Plaintiff filed an application for a seizure and collection order with the Busan District Court Branch Branch of 2018TT 2018TT 102818 with respect to the claim for return of unjust enrichment, etc., which C had against the Defendant, and received a decision on May 3, 2018 from the above court to issue a seizure and collection order.

The order of seizure and collection was served on May 9, 2018 on the defendant.

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

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion C purchased the D apartment E (hereinafter “instant apartment”) in his own money and held a title trust (hereinafter “instant title trust”) to the Defendant, who is his wife, who purchased the pertinent apartment E (hereinafter “instant apartment”).

The title trust of this case was made on March 31, 2005 on the apartment of this case owned by C, which is owned by the Defendant, and thereafter resides in it until now, and in light of the circumstances that C’s money was used as the purchase fund of the apartment of this case, it can be sufficiently recognized.

Therefore, the Plaintiff has a claim for return of unjust enrichment against the Defendant according to the title trust of this case. Accordingly, the Plaintiff received the seizure and collection order of this case. Therefore, the Defendant is obligated to pay the Plaintiff KRW 30,001,00, which is a part of the claim for return of unjust enrichment, and damages for delay.

B. According to the statements in Gap's evidence Nos. 3, 7, Eul evidence Nos. 5, and witness Eul's testimony, the defendant is the wife of Eul, and the defendant has completed the registration of transfer of ownership on Feb. 15, 2003 with respect to the apartment of this case, Eul filed a move-in report on the apartment of this case on Mar. 31, 2005, and is residing in the above apartment of this case from around that time to the present day, and the head of the Busan Bank Tong in the name of the mother of Eul.