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

A. C Co., Ltd. concluded a credit guarantee agreement with the Plaintiff on November 23, 201, and received a loan of KRW 50 million from the Industrial Bank of Korea as security, and B jointly and severally guaranteed all obligations owed to the Plaintiff by the non-party company under the said credit guarantee agreement.

On July 24, 2014, the Plaintiff subrogated for KRW 50,618,386 to the Industrial Bank of Korea on July 24, 2014.

B. On March 11, 2015, the Plaintiff filed a lawsuit against Nonparty Company B with the Seoul Western District Court Decision 2014Ga25148, the Plaintiff filed a lawsuit against Nonparty Company B, with the Seoul Western District Court (hereinafter “Seoul Western District Court Decision 2014Da25148, and rendered a judgment that “The Plaintiff shall jointly and severally pay to the Plaintiff the amount of KRW 50,912,563 and KRW 50,618,386, whichever is applicable, 12% per annum from July 24, 2014 to February 24, 2015, and 20% per annum from the next day to the date of full payment.” This judgment became final and conclusive as it is.

C. The Defendant is a legal wife of B and B who completed the marriage report around 2001, and purchased the real estate listed in the separate sheet (the instant real estate) on June 12, 2004, and thereafter owned it until now after completing the registration of ownership transfer in its name on the 29th of the same month.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, 5, Eul evidence No. 6, the purport of the whole pleadings

2. Assertion and determination

A. The summary of the Plaintiff’s assertion is that the Defendant did not have financial ability or income to prepare the acquisition fund of the instant real estate as a professional owner. The instant real estate is a title trust real estate for which the Plaintiff completed the registration of ownership transfer in the name of the Defendant in order to avoid the creditors’ compulsory execution as a real owner. Therefore, the Plaintiff, as a creditor of B, cancelled a title trust agreement between B and the Defendant on behalf of B, who is in insolvent condition, and

B. Determination of the Supreme Court is that one side of a married couple acquires the same in his/her own name during marriage pursuant to Article 830(1) of the Civil Act.