1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The defendant (CB) is the omission of the plaintiff (D).

B. On January 26, 1979, the Defendant purchased E 1,506 square meters and F 194 square meters in Yangju-si and purchased the same year.

2. 1. Completion of the registration of ownership transfer under Defendant’s name.

(B) On October 7, 2015, the above E was divided into KRW 1,312 square meters in E, and KRW 194 square meters in F. In addition, on February 21, 1981, the Defendant purchased KRW 736 square meters in Yangju-si, and completed the registration of ownership transfer under the Defendant’s name on the 23th day of the same month.

(hereinafter referred to as the “instant land”) each of the above land, the ownership transfer registration of which was completed under the Defendant’s name.

Meanwhile, the Plaintiff and the Defendant’s mother (hereinafter “the deceased”) died around June 28, 2002.

[Ground of recognition] The Plaintiff’s land in this case and the Deceased purchased the price by the Plaintiff and the Deceased’s claim for the purport of the entire pleadings, which is without dispute, Gap’s evidence Nos. 1, Gap evidence No. 2-1, 2, and 3, and the purport of the whole pleadings. However, only the registered name is the land which completed

At the time, H was trusted in the name of the defendant with the intention of sharing one-third shares of one-third shares in each of the above land.

Even though it is not recognized that H had an intention to share shares in each of the shares of 1/3 while purchasing the instant land, the instant land is a land under the name of H in the name of the Defendant.

Therefore, as long as the Plaintiff concurrently holds the status of H’s heir, the Plaintiff is in the position of a title truster with respect to 1/2 shares out of the instant land.

Nevertheless, the Defendant received all of KRW 491,686,010 from Gyeonggi-do to compensate for the acquisition of the instant land, and did not pay KRW 245,843,005 corresponding to the Plaintiff’s share to the Plaintiff.

The Plaintiff is seeking the Defendant to pay the above KRW 245,843,005 as the subject claim or the claim for restitution of unjust enrichment for the share in the land of this case.

The land of this case by the defendant is land owned by the defendant, and the network H.