1. The Defendant made the Plaintiff a return of unjust enrichment with respect to one-half share of 24,331 square meters in Guri-si, Guri-si.

1. Basic facts

A. On June 15, 1986, the Plaintiff and the Defendant purchased each 1/2 share of C Forest 24,331 square meters (hereinafter “the instant forest”). Around June 15, 1986, the Plaintiff and the Defendant concluded a title trust agreement with the content that the Plaintiff would complete the registration of ownership transfer under the name of the Defendant with respect to the Plaintiff’s share to purchase (hereinafter “instant title trust agreement”).

B. Around June 15, 1987, D sold the forest of this case to the Defendant under the knowledge of the instant title trust agreement, and the Defendant completed the registration of ownership transfer regarding the forest of this case on June 15, 1989.

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

2. The parties' assertion and judgment

A. In a case where a title trustee, who was unaware of the existence of a title trust agreement prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), did not know that the title trust agreement was made, and the title trustee acquired the full ownership of such real estate after the grace period prescribed by the same Act, the title trustee shall return the relevant real estate to the title truster in

(2) On December 26, 2002, the title trustee, according to the above basic facts, the Defendant, pursuant to the instant title trust agreement, completed the registration of ownership transfer for the Plaintiff’s 1/2 shares relating to the forest of this case pursuant to the instant title trust agreement, and thereafter, on July 1, 1996, the grace period stipulated in the Real Estate Real Name Act has expired, and thus, the Defendant, who is the title trustee, acquired the complete ownership of the Plaintiff’s share, should return it to the Plaintiff as unjust enrichment.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership based on the return of unjust enrichment with respect to 1/2 of the forest of this case to the Plaintiff.

B. The defendant's right to claim the return of unjust enrichment against the defendant in this case.