계약명의신탁과 부당이득반환청구권 - 판례를 중심으로 -

The contract title trust is a type of title trust where the title trustee make a contract with a seller as a party of sales contract and register (the property) under the name of the title trustee the after the title truster and the title trustee make a purchase entrustment contract. The title truster can retain the ownership of the real estate only when the title trustee does not know the fact the seller made a title trust in accordance with laws. In this case, the title truster retains the right to claim the unjust enrichment restitution to the title trustee. According to the related laws, when the title trust contract was made before the enforcement of the related laws, the “real estate” itself is subject to the claim on the unjust enrichment restitution. Meanwhile since this right to claim the unjust enrichment restitution is receivables, it is subject to the extinctive prescription and the extinctive prescription continues even if the title truster possesses the applicable real estate.