1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 31, 1976, the Plaintiff completed the registration of ownership transfer with respect to C, 701 square meters (hereinafter “instant land”).

B. On November 21, 2001, the Plaintiff completed the registration of ownership transfer on the land of this case to the Defendant on October 14, 2001.

C. On October 23, 2012, the Defendant created a right to collateral security of KRW 180,000,000 with respect to the instant land to the Yanan Agricultural Cooperative. On May 25, 2016, the Yananan Agricultural Cooperative filed an application for an auction of real estate rent D with a high-level district court in the above right to collateral security, and the said court rendered a decision to voluntarily commence the auction on May 26, 2016.

E purchased the instant land in KRW 182,750,00 in the above auction procedure, and completed the registration of ownership transfer on January 26, 2017.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the land of this case was trusted to the Defendant, and the Defendant voluntarily set up the right to collateral security, and the land of this case was sold during the auction procedure conducted on the basis of the above right to collateral security, and thus, it became impossible to return the original property.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 182,750,000, which is the purchase price of the instant land in the above auction procedure, as compensation for damages arising from unjust enrichment return or tort, and the damages for delay.

B. Since the person registered as the owner of the judgment real estate is presumed to have acquired ownership through due process and cause, the fact that the registration was based on the title trust has the burden of proving that the claimant has the burden of proof.

(see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). Pursuant to the records of evidence No. 2-2, the Plaintiff issued a registration certificate on the land of this case from the Defendant.