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 Defendant, and the Defendant is a father and mother between the Plaintiff and the deceased C (hereinafter “the deceased”).

B. On June 29, 2017, the Defendant completed the registration of ownership transfer from D on the ground of sale on June 16, 2017 with respect to the building E, Dongjak-gu Seoul Metropolitan Government E, 179 square meters and its ground (hereinafter collectively referred to as “instant real estate”).

C. On June 29, 2017, the Defendant drafted a written confirmation that “Seoul Dongjak-gu E Housing is owned by the principal, but it is confirmed that the Plaintiff and the Deceased would trade it if proposed.”

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

2. The parties' assertion

A. The Plaintiff and the Deceased agreed to purchase real estate jointly formed during their marital life with D, and the Plaintiff and the Deceased purchased the instant real estate, and agreed to complete the registration of ownership transfer in the future by trusting the name of the Defendant. Accordingly, the Defendant completed the registration of ownership transfer on the instant real estate.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 400 million equivalent to 1/2 of the Plaintiff’s share in the real estate purchase fund of KRW 800 million with the return of unjust enrichment and KRW 19 billion equivalent to 3/11 of the Plaintiff’s share in the inheritance of KRW 509,090,000, and damages for delay.

B. The Defendant donated the instant real estate from the Plaintiff and the Deceased.

3. The Plaintiff asserted that the Plaintiff and the Deceased were parties to the instant real estate sales contract, and that only the registered name was the Defendant’s name.

In other words, the Plaintiff asserts on the premise that the above title trust falls under a three-party registered title trust. However, in the case of the so-called “three-party registered title trust,” the title truster is null and void, and the registration pursuant thereto is a sales contract for the seller.