1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff is the mother of the deceased D (hereinafter “the deceased”). Defendant B is the deceased’s spouse, Defendant C is the deceased’s child, and the Defendants became the deceased’s heir on June 14, 2018.

B. On September 5, 2013, the Deceased concluded a sales contract to purchase the F apartment G (hereinafter “instant apartment”) from Nonparty E for KRW 120,000,000 from the purchase price (hereinafter “instant apartment”). On October 7, 2013, the Deceased completed the registration procedure for ownership transfer on the ground of the instant sales contract’s receipt by the Busan District Court Jungsan Branch Office (No. 31072).

[Ground of recognition] Facts without dispute, entry of evidence A1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion (i) was made pursuant to a title trust agreement whereby the title truster and the deceased were the title trustee, and the sales amount was fully borne by the Plaintiff.

If the so-called contract title trust agreement was made after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder's Name, the title trustee made unjust enrichment.

As long as the Defendants, the inheritor of the deceased, inherited the instant apartment, they succeeded to the Defendants’ obligation to return unjust enrichment equivalent to the purchase funds that the deceased would return to the Plaintiff, the title truster.

Therefore, the Defendants are obligated to pay to the Plaintiff the money stated in the purport of the claim in proportion to the shares of inheritance to KRW 120 million for purchase of the apartment of this case.

D. The Plaintiff’s assertion that he obtained the name of the apartment of this case does not follow the title trust agreement that was the premise for the Plaintiff to return the future title of the apartment of this case, but acquired in the name of the deceased within the meaning of prior inheritance, but can be used by the Plaintiff before the Plaintiff’s birth.