1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 7, 2014, the Defendant completed the registration of ownership transfer based on sale on January 21, 2014, with respect to the Daejeon Seo-gu Seoul apartment No. 108, 2801 (hereinafter “instant apartment”).

B. The plaintiff is a partner of D, and the defendant is the defendant of E, and around the time of the registration of transfer of ownership, D and E were living together with each other.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 11, and the purport of whole pleading

2. The plaintiff's assertion and judgment

A. 1) In the first place, the apartment of the instant case is one of the parties to the scenic industry (hereinafter referred to as the “scenic industry”).

(2) The Plaintiff, D, and E transferred the title trust to the Defendant as the actual owner who shared the purchase fund. Pursuant to the proviso of Article 4(2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant acquired the ownership of the apartment of this case as a bona fide seller. As such, the Defendant is obligated to return 4,270,000 won out of the purchase fund to the Plaintiff, a title truster, as unjust enrichment. 2) Preliminaryly, the Plaintiff lent the said money to the Defendant on the condition that the Plaintiff did not recover the loan while residing in the apartment of this case, or provided the said money to the Defendant on the condition that the Plaintiff permitted the Defendant to reside in the apartment of this case.

However, as the Plaintiff moved out from the apartment of this case upon the Defendant’s request, the Defendant is obligated to return the said money to the Plaintiff with the loan or unjust enrichment returned.

B. In light of the facts of recognition as to Gap's evidence Nos. 2 through 6 and Eul's evidence Nos. 1-4, the whole purport of the pleadings is added to the defendant's name, the sales contract for the apartment of this case was entered into between Pung Forest Industry and Pung Forest Industry on Jan. 21, 2014 in the name of the defendant, with the purchase price of KRW 345,260,000, out of the down payment of KRW 17,270,000, 3,000, out of the down payment of KRW 17,270,000, in the name of F Co., Ltd. (hereinafter "F"), and