1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

In early 2008, when the Plaintiff and the Defendant leased KRW 41 million to the Plaintiff, the Plaintiff agreed to the Defendant to complete provisional registration of ownership transfer claim regarding each of the real estate listed in the attached real estate list (hereinafter collectively referred to as “instant real estate”) as security for the above loan claim.

On January 31, 2008, the Plaintiff filed a provisional registration with the Defendant on January 31, 2008 regarding the instant real estate on the ground of trade reservation, and the Defendant filed a provisional registration for the same year.

2. 4. The Plaintiff lent KRW 41 million to the Plaintiff.

On March 27, 2008, the Defendant completed the registration of ownership transfer for reasons of sale on the basis of the above provisional registration.

On March 26, 2009, the Plaintiff filed an application for bankruptcy and exemption with the Changwon District Court for the exemption from immunity, and the above exemption from immunity was finalized after being declared bankrupt on November 11, 2009 by the above court (2009Hadan1007) and September 9, 2010 (2009Da101010).

On November 11, 201, D, the Plaintiff’s birth, paid KRW 100 million to the Defendant, and the Defendant completed the registration of ownership transfer on the instant real estate to D on the same day.

[Ground of recognition] A without any dispute, Gap evidence Nos. 1 through 3 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 6, and fact-finding conducted by the court of first instance to the Changwon District Court, as a result of the fact-finding conducted by the plaintiff on the ground of claim for the whole pleadings, the amount exceeding the above loan Nos. 41 million won out of the total amount of KRW 100 million received through D without any legal ground. Thus, the defendant is obligated to return it to the plaintiff.

Judgment

The burden of proving that there is no legal ground in the case of the so-called unjust enrichment that one party claims the return of the benefits after having paid a certain amount of benefits according to his/her own will on the grounds that there is no legal ground.

(e).