1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 15% per annum from December 24, 2016 to the date of full payment.

1. The parties' assertion

A. The Plaintiff’s assertion or the Plaintiff and C jointly purchased the Plaintiff’s 410 square meters and its ground buildings in racing-si D, and the E large 19 square meters (hereinafter “instant real estate”) in common, and jointly concluded a title trust agreement with the Defendant to jointly purchase the pertinent real estate.

Since F, a seller of the instant real estate, did not know such a title trust agreement, the instant sales agreement entered into between F and the Defendant is valid, and accordingly, the Defendant had owned the instant real estate finally and conclusively.

However, since the real estate sales price of this case was jointly borne by the plaintiff, the plaintiff, or the plaintiff and C, the defendant acquired the amount equivalent to the real estate sales price of this case without any legal ground.

Therefore, the Defendant is obligated to return to the Plaintiff at least KRW 90 million out of the total real estate sales amount of KRW 180 million actually borne by the Plaintiff.

B. The real estate of this case alleged by the defendant was donated to C by the plaintiff, and C was trusted in trust to the defendant.

Therefore, the defendant is the legitimate owner of the real estate of this case and did not make unjust enrichment against the plaintiff.

The Plaintiff’s donation of the instant real estate to C for the purpose of maintaining internal relations with C, which constitutes illegal consideration.

2. Determination on the cause of the claim

A. 1) The Plaintiff is a sales contract to purchase the instant real estate owned by F on May 24, 2013, when maintaining internal relations with C (hereinafter “instant sales contract”) with a view to KRW 241 million (hereinafter “instant sales contract”).

(2) After entering into the instant sales contract, the Plaintiff paid KRW 180 million as down payment and intermediate payment, and the Defendant as the obligor, extended the amount of KRW 80 million as security and extended the amount of the instant real estate.