1. The Defendant shall pay to the Plaintiff KRW 257,385,618 and the interest rate of KRW 15% per annum from November 8, 2018 to the date of full payment.

1. Basic facts

A. The plaintiff is the mother of C and the defendant.

B. In around 2008, the Plaintiff and the Defendant concluded a title trust agreement under which the Plaintiff would own (hereinafter “instant title trust agreement”) with respect to the Asan-si D apartment E (hereinafter “instant apartment”) newly constructed at the time. However, the title trust agreement under which the Plaintiff would own (hereinafter “instant apartment”).

C. On July 24, 2008, the Defendant concluded a sales contract with F Co., Ltd. for the instant apartment.

The Plaintiff paid KRW 257,385,618 out of the sales price for the apartment of this case.

E. The Defendant completed the registration of ownership transfer regarding the instant apartment on October 18, 2011.

[Grounds for Recognition] deemed confession (Article 150 (3) and (1) of the Civil Procedure Act)

2. Determination

A. According to Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), where the title truster and the title trustee entered into a contract title trust agreement with the owner who was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the pertinent real estate in accordance with the sales contract, the title trustee would acquire full ownership of the pertinent real estate notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee is merely liable to return unjust enrichment to the title truster.

However, if the contract title trust agreement was concluded after the enforcement of the Real Estate Real Name Act, the title truster could not acquire the ownership of the pertinent real estate from the beginning. Therefore, the damage that the said title trust agreement was invalidated is not the real estate itself but the purchase fund provided to the title trustee. Therefore, the title trustee is not the real estate itself.