1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In around 2005, the Plaintiff purchased the 3rd floor building in Daegu-gu, Daegu-gu (hereinafter “instant building”) but was under treatment due to traffic accidents, and entered into a title trust agreement with the Defendant D, and completed the registration of ownership transfer in the said name on January 31, 2005.

B. From February 2005 to May 2006, the Defendant, who is the mother of the Plaintiff, received rent from the lessee of the instant building while managing the instant building for the Plaintiff. During that period, the rent that the Defendant received is KRW 2.65 million per month.

C. On April 14, 2008, the instant building had re-registered ownership transfer registration under the name of the Plaintiff.

[Grounds for Recognition: Facts without dispute; evidence No. 1-1, 2, evidence No. 6-1, 2, Eul evidence No. 1, 2, Eul evidence No. 3-1, 2, 12, 13, 15; the purport of the whole pleadings]

2. The plaintiff's assertion and judgment that the defendant had to return to the plaintiff 30,705,520 won [2,700,000 won - 16,094,480 won] x 39 months x 39 months x 30,705,520 won (2,70,000 won - 16,094,480 won - 480 won] from the monthly rent of 2.7 million won paid while managing the building of this case for 39 months from February 2005 to April 30, 208, when the registration of ownership transfer of the building of this case was completed.

However, the entries in Gap evidence 2, Gap evidence 3-1, Eul evidence 3-2, Gap evidence 4, 5, and Gap evidence 1-1 through 3 are insufficient to recognize that the defendant's management period of the building of this case exceeds 39 months from February 2, 2005 to May 2006 and that it exceeds 2.7 million won, and there is no other evidence to prove otherwise.

Furthermore, among the revenues of rent of KRW 2.65 million paid by the Defendant from February 2, 2005 to May 2006, 2006, the following items are examined: (a) Nos. 1 and 3-3-2, 12, 13, and 15-2.