1. Facts of recognition;

A. (1) On June 20, 1995, the Plaintiff obtained approval for the use of the instant building on and on September 20, 1995, and registered as the owner on and around September 20, 1995. On July 13, 2015, the Changwon District Court issued a contract with the Defendant on May 24, 2016 that the Defendant’s mother C donated the instant building to the Defendant.

B. 1) The Plaintiff, on January 9, 1995, is deemed to be the E-mail 272 square meters (hereinafter “instant site”) that included the site of the instant building from D on January 9, 1995.

(2) On January 24, 1997, the Plaintiff concluded a mortgage agreement with the Defendant’s mother C, which contains a maximum debt amount of KRW 50,00,000,000 with respect to the instant site on February 24, 1997, and concluded a mortgage agreement with the mortgagee C, and the Plaintiff on February 25, 1997. The registration of establishment of a mortgage for the instant site was completed on February 24, 1997, with the Changwon District Court (Seoul District Court) No. 3811 on February 25, 1997. < Amended by Act No. 3817, Mar. 24, 1997; Act No. 55888, Mar. 24, 1997; Act No. 5279, Mar. 58, 198.

3) On June 1, 1997, the Plaintiff completed the registration of ownership transfer for the instant site from the Changwon District Court, Seocheon District Court, Law No. 12414, Jun. 17, 1997, which was received on June 17, 1997, for the purpose of sale on June 1, 1997, and C cancelled the registration of ownership transfer for the reason of confusion on June 17, 1997.4) The Defendant donated the instant site from Changwon District Court, Law Office of Private Registry, 31379, which was received on November 25, 2005. < Amended by Presidential Decree No. 15083, Jun. 27, 1997; Presidential Decree No. 17817, Nov. 25, 2005>

[Ground of recognition] Unsatisfy, Gap evidence 1.