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

A. The father C of the Plaintiff’s primary assertion (hereinafter “the deceased”) completed the registration of ownership transfer on December 31, 2013 with respect to the real estate listed in the separate sheet on his/her ownership (hereinafter “the instant real estate”). The deceased died on April 24, 2016, and since around 2008, the deceased was divorced on June 21, 2013 with the Defendant’s introduction, while maintaining an internal relationship with Non-Party D’s mother E with the Defendant, and transferred a large number of property to the Defendant, who was D and introduced. In that process, the Defendant conspired with the Defendant to acquire the ownership of the instant apartment from the deceased, and thus, the ownership transfer of the instant real estate against the deceased was null and void due to title trust or anti-social acts. Thus, the Defendant is obligated to perform the registration procedure for cancellation of ownership transfer.

B. Even if preliminary assertion is not so, the market price of the instant real estate was over KRW 580,00,000 at the time the Defendant completed the registration of ownership transfer regarding the instant real estate, and the Defendant only lent KRW 112,70,000 to the Deceased prior to the transfer of the instant real estate. As such, the Defendant’s transfer of the instant real estate in lieu of the repayment of the said claim against the Deceased constitutes payment in substitutes or transfer contract.

Therefore, pursuant to Article 11 of the Provisional Registration Security Act, the Defendant is obligated to implement the procedure for registration of cancellation of ownership transfer on the instant real estate at the same time receiving KRW 112,70,000 from the Plaintiff, who is the inheritor of the deceased, the amount of loans to the deceased.

2. Determination

A. According to the reasoning of each evidence Nos. 1, 2, and 3 as to the primary assertion, the Seoul Eastern District Court’s receipt of December 31, 2013 as to the instant real estate owned by the deceased was issued as the receipt of No. 56626, Dec. 31, 2013.