1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's conjunctive claim added by this court, the defendant.

1. The reasoning for the admitting this case by the court of first instance is as stated in the part against the defendant among the reasons for the judgment of the court of first instance, except for the Plaintiff’s addition to the pertinent part of the judgment as to the conjunctive claim which came into existence in the court of first instance, and thus, it is acceptable to accept it as it is in accordance

2. Additional matters to be determined;

A. The Defendant asserted that the Plaintiff acquired the instant apartment according to the title trust agreement with the co-defendant B of the first instance trial (hereinafter “B”).

Since D, a seller, was unaware of such a title trust agreement, the Defendant acquired the complete ownership of the apartment of this case, but is obligated to return the amount equivalent to the purchase fund to B.

Therefore, the plaintiff, as a preliminary claim, sought unjust enrichment of the amount equivalent to the purchase fund of the apartment of this case from the defendant on behalf of the defendant in lieu of B, who is insolvent.

B. Determination 1) Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”)

According to Article 4(1) and (2), where a title truster and a title trustee entered into a contract of title trust with an owner who was the party to the contract and was unaware of the fact that the title trustee was a party to the contract and completed the registration of ownership transfer of the relevant real estate in accordance with the contract of title trust, the title trustee acquires the full ownership of the relevant real estate, notwithstanding the invalidity of the title trust agreement between the title truster and the title trustee, and the title trustee is only liable for the return

However, if the contract title trust agreement was made after the enforcement of the Real Estate Real Name Act, the title truster could not acquire the ownership of the real estate from the beginning.