1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. The costs of appeal and the costs of appeal shall be considered in the trial.

1. Basic facts

A. The Plaintiff and the Defendant are in a de facto marital relationship from around 2000.

B. The registration of ownership transfer in the name of the Defendant was completed on December 4, 2001 by the Incheon District Court, North Incheon District Court, North Incheon District Court, 206258, received on November 6, 2001 with respect to the D apartment No. 106, 509 (hereinafter “instant apartment”), and the Plaintiff’s mother, from January 2, 2002, C is residing in the instant apartment from January 2, 2002.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 5-2, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The primary assertion was that the Plaintiff purchased the instant apartment with the Plaintiff’s money, and entered into a title trust agreement with the Defendant to register the ownership transfer under the name of the Defendant, and the title trust between the husband and the wife is valid. Therefore, the Plaintiff, the title truster, can seek the return thereof to the Defendant

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer of the apartment of this case as unjust enrichment return to the plaintiff.

B. Preliminary assertion 1) Even if a title trust between the Plaintiff and the Defendant on the instant apartment does not exist, the Plaintiff and the Defendant were to reside in the instant apartment before the death of C while resolving a de facto marital relationship around October 2009, and the Defendant agreed to transfer the ownership of the instant apartment to the Plaintiff in the event of the death of C. As such, the Defendant is obligated to implement the procedures for the registration of ownership transfer of the instant apartment in accordance with the agreement around October 2009. Meanwhile, even if a title trust agreement between the Plaintiff and the Defendant is recognized as a title trust agreement between the Plaintiff and the Defendant, but Article 8 of the Act on the Registration of Real Estate under Actual Titleholder’s Name does not apply, and thus, the Defendant constitutes unjust enrichment against the Plaintiff.