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

A. A. Around 1982, the Plaintiff was married with the Defendant, and around 1996, the Plaintiff was married with the Defendant.

B. As to each real estate listed in the separate sheet (hereinafter “instant real estate”), the registration of ownership transfer has been made in the name of the Defendant on the ground of the sale as of June 9, 2003, No. 30805, which was received on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion attempted to purchase the instant real estate, but the amount of KRW 50 million out of the purchase fund is insufficient, and thus, the Plaintiff borrowed it from the Defendant, but completed the registration of transfer of the instant real estate under the name of the Defendant on the Defendant’s proposal.

In 2014, the Plaintiff repaid KRW 126,972,530 to the Defendant by the end of November 28, 2014. Since the contract for the transfer of security was terminated by the delivery of a copy of the instant complaint, the Plaintiff sought from the Defendant to implement the procedure for the transfer of ownership on the instant real estate due to the termination of the contract for the transfer of security (or the extinguishment of the secured claim). In addition, if the contract for the transfer of security becomes null and void, the Plaintiff seeks to return KRW 126,972,530, which was repaid or remitted to the Defendant from September 3, 2002 to November 28, 2014

B. Determination 1) Since a person registered as an owner of real estate is presumed to have acquired ownership through lawful procedures and causes, the fact that such registration was based on title trust has the burden of proof for the claimant (see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). Therefore, the fact that a registration based on a transfer security contract was based on a transfer security contract is also deemed to have the burden of proof for the claimant. 2) In full view of the above evidence and the purport of the entire pleadings in Articles 3 and 7.