1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 24, 1993, the Rural Development Corporation completed the registration of ownership transfer on the grounds of consultation and acquisition on April 2, 1993 with respect to the Sejong-type C 6,007 square meters (the above land was 3,074 square meters as of June 27, 1981, but the area was 704 square meters in D, E, 2,655 square meters, F615 square meters in total, 7,114 square meters in total, and H 1,107 square meters in total, which was owned by the Plaintiff. The registration of ownership transfer was completed on April 2, 1993 with respect to the land before division.

The defendant completed the registration of ownership transfer on the land before subdivision on May 24, 1993 due to sale on April 28, 1993.

B. On July 7, 1994, the Plaintiff: (a) concluded a contract on the land before subdivision as of July 5, 1994; (b) completed the registration of creation of a mortgage over the maximum debt amount of KRW 50 million; and (c) completed the registration of creation of a mortgage over the debtor; and (d) revoked on the same day on October 23, 2014 on the grounds of termination.

In other words, on January 20, 2015, the Plaintiff completed the registration of the establishment of a neighboring mortgage on the land before subdivision as of October 23, 2014, based on the contract concluded as of October 23, 2014.

C. On May 24, 1993, the Defendant completed the registration of ownership transfer based on the purchase and sale on April 28, 1993, with respect to Sejong H 1,107 square meters (hereinafter “instant land”) divided from the land that was divided before the subdivision.

The defendant completed the registration of ownership transfer on October 25, 2004 with respect to the land of this case to I on November 1, 2004.

[Evidence Evidence: Evidence No. 1, Evidence No. 3 (including paper numbers) and the purport of the whole pleadings]

2. Judgment on the parties' arguments

A. Although the Plaintiff 1’s assertion by the parties concerned title trust the land of this case to the Defendant, the Defendant illegally sold the land to I and acquired the price by defrauding it.

Therefore, the defendant's return of unjust enrichment obtained by deceit to the plaintiff is the sales amount of KRW 165,00,000 or the defendant's sales contract concerning the land of this case concluded with I.