1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 20, 2009, the Defendant entered into a D Contract with C Co., Ltd., the Defendant, the Defendant, the payment period of ten years, the life insurance period, the age of 55 years old in the commencement of the payment of pension, and the monthly insurance premium of 880,000 won (hereinafter “instant insurance contract”).

B. From 2009 to December 2, 2017, the Plaintiff paid the insurance premium of the instant insurance contract 106 times, which is KRW 93,280,000.

C. The Defendant withdrawn part of the insurance money prior to the cancellation of the instant insurance contract, and its details are as follows.

(1) KRW 13,204,00 on March 4, 201 (2) 9,09,096,00 on February 20, 2012 (3) 14,00,000 on July 20, 2013

D. C Co., Ltd terminated the instant insurance contract on March 6, 2018, and paid KRW 54,421,451 to the Defendant the termination refund.

[Ground of recognition] Facts without dispute, Gap evidence 6 through 10, Eul evidence 5 and 10, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion made the instant insurance contract under the name of the Defendant and paid the premium. The Defendant, a title trustee, received total of KRW 90,721,451 on the basis of the instant insurance contract without any legal cause, and thus, the Defendant is obligated to return KRW 90,721,451 as unjust enrichment to the Plaintiff.

B. Although the Plaintiff asserted to the effect that there was a title trust agreement with the Defendant, the evidence alone presented by the Plaintiff is insufficient to acknowledge that the Plaintiff and the Defendant had a title trust agreement with the content that the Defendant would externally vest in the Plaintiff the benefit under the insurance contract between the policyholder and the beneficiary or the Defendant, and there is no other evidence to acknowledge

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.