1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff subrogated on March 19, 2009 to the Gyeongnam Bank as of February 24, 2004, according to the credit guarantee agreement with B, his father.

B. For this reason, the Plaintiff received an order for payment from the said court on April 2, 2009, stating that “the Defendant shall pay to the Plaintiff the amount of KRW 24,007,776 and KRW 23,965,614 from March 19, 2009 to the service date of the payment order, the amount of KRW 15% per annum from the next day to the service date of the payment order, and the amount of KRW 20% per annum from the next day to the full payment date.” The above payment order was finalized on May 30, 2009.

C. On November 1, 2010, the Defendant purchased real estate listed in the separate sheet (hereinafter “instant apartment”) from the Housing Construction Co., Ltd. on KRW 170,569,000, and completed the registration of ownership transfer on November 26, 201.

On November 26, 2010, the Defendant created a right to collateral security of KRW 51,600,000 with respect to the apartment of this case to a national bank, a stock company, and received a loan of KRW 43,00,000.

E. B is insolvent from November 1, 2010 to now.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff had 49,294,263 won with the claim for reimbursement against B. 2) The Defendant concluded a contract title trust agreement with his father, and purchased the instant apartment with the money, and subsequently completed the registration of ownership transfer as a title trustee, after purchasing the instant apartment with the money in B.

3) Since such contract title trust agreement is null and void, B has a claim for return of unjust enrichment against the money paid to the Defendant with the purchase fund of the apartment of this case. The scope is 127,569,000 won, which deducts the actual secured debt of 43,00,000 won (170,569,000 won) from the purchase fund of the apartment of this case.