1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. The Plaintiff entered into an agreement with C and D (hereinafter “instant partner”) on the purchase of a building with the E-Ma-Ma 126 square meters (hereinafter “instant land”) and its ground, and then to newly construct and sell a new apartment house after removing the ground buildings and constructing a new apartment house (hereinafter “instant agreement”).

B. The instant partners purchased the instant land under the name of the Defendant, who is the birth of C, under the name of the Defendant, and concluded a title trust agreement (hereinafter “instant title trust agreement”) with the purport that registration of preservation of ownership in the Defendant’s name was completed with respect to the building to be newly constructed on the ground of the instant land.

C. On March 3, 2011, the Defendant purchased the instant land and its ground buildings from F in KRW 840,000,000 according to the instant title trust agreement, and completed the registration of ownership transfer on May 2, 201.

The Plaintiff paid C KRW 105,00,000,000 on March 4, 2011, and KRW 60,000,000 on March 31, 201, and KRW 105,00,000 on total.

E. The instant partners newly constructed each of the buildings listed in the separate sheet (hereinafter “each of the instant buildings”) on the ground of the instant land, and the Defendant completed the registration of initial ownership on August 31, 201 in accordance with the instant title trust agreement.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7 (including paper numbers; hereinafter the same shall apply), Eul's 1 and 4, and the purport of the whole pleadings

2. The Plaintiff’s title trust on the instant land constitutes a contract title trust.

Therefore, the defendant is obligated to return to the plaintiff KRW 105,00,000 paid by the plaintiff as the purchase fund of the land of this case and damages for delay thereof as unjust enrichment.

In accordance with the instant business agreement, the Plaintiff acquired the ownership of 1/2 shares among each of the instant buildings, respectively, and the title trust agreement on each of the instant buildings and the Defendant.