2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

A. The Plaintiff remarriedd with E on December 23, 2013. Defendant D is a child born between South and North Korea, and the Plaintiff and E at present.

B. Defendant B and Defendant C were married with each other; Defendant B and Defendant C were the owners of the real estate listed in the separate sheet No. 1, 3; and Defendant C’s two real estate listed in the separate sheet No. 2 (hereinafter the above real estate collectively referred to as “each of the instant real estate”; and, in specifying each of the real estate, the same shall apply to the instant real estate No. 1).

C. As to the instant real estate 1 and 3, the Changwon District Court’s Busan District Court’s Office of Registry on December 14, 2015 was received on December 14, 2015, and the registration of transfer of ownership was completed for the instant real estate 2 as Defendant D’s receipt No. 17783 of December 14, 2015, respectively. < Amended by Presidential Decree No. 26883, Nov. 10, 2015>

[Reasons for Recognition] Unsatisfy, Gap evidence 1-3, Gap evidence 4, the purport of whole pleadings

2. The parties' assertion

A. The Plaintiff purchased each of the instant real estate from Defendant B and C and completed the registration of ownership transfer in Defendant D pursuant to the title trust agreement, which is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”) due to a three-party registered title trust.

Meanwhile, since the sales contract between the Plaintiff, Defendant B, and C is still valid, the Plaintiff may seek the registration of ownership transfer for each of the instant real estate by the said sales contract to Defendant B and C.

In addition, Defendant B and C may seek the cancellation of each transfer registration that is null and void against Defendant D. In lieu of Defendant B and C, the Plaintiff seeks implementation of the procedure for cancellation of the transfer registration of ownership, which is completed on each of the instant real estate, against Defendant D by subrogation of Defendant B and C.

B. Defendant D received a donation of KRW 120 million, which was part of the purchase price of KRW 215 million from the Plaintiff for the purchase of each of the instant real estate, from Defendant B and C, respectively.