1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Basic facts

A. The Plaintiff is the Defendant’s South-born, and the Defendant’s mother C died on March 30, 2015, and the father D died on October 6, 2016.

B. On June 28, 2010, the Plaintiff remitted KRW 10 million to the account under C’s name, KRW 10 million on June 29, 2010, KRW 10 million on June 29, 2010, and KRW 5130,000 on June 30, 2010, respectively.

C. On July 1, 2010, the Defendant entered into a contract with E to purchase F forest land of 2,777 square meters, G forest land of 331 square meters, and 1,170 square meters prior to H at the time of resident registration (hereinafter “each of the instant lands”), and completed the registration of ownership transfer in the Defendant’s name as to each of the instant lands on July 9, 2010.

On August 13, 2010, the Plaintiff transferred KRW 1 million to the account under the name of the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (if there are provisional numbers, including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff bears all KRW 2,613,00,000,000, including the purchase price of each land of this case and the expenses for certified judicial scrivener, etc.: Provided, That only the conclusion of a contract and the registration under the title trust agreement concluded between the Plaintiff

Therefore, the Defendant, the title trustee, is obligated to return the purchase price and the fees for certified judicial scrivener paid by the Plaintiff to the Plaintiff as unjust enrichment.

3. Determination

A. Since a person registered as an owner of real estate is presumed to have acquired ownership through legitimate procedures and causes, the fact that such registration was based on title trust has the burden of proof for the claimant.

(See Supreme Court Decision 2007Da90883 Decided April 24, 2008). B.

The following circumstances, which are acknowledged based on the aforementioned evidence, Eul's evidence No. 12 and the purport of the entire pleadings, prove that the title trust agreement with the plaintiff and the defendant with respect to each of the instant land was concluded.