1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On January 19, 200, the Plaintiff filed a lawsuit against C for the claim for reimbursement amounting to KRW 16,965,164 and KRW 16,500,00,00, the Seoul Central District Court rendered a judgment that “C shall jointly and severally pay to D and the Plaintiff the amount calculated at the rate of 19% per annum from August 23, 199 to the date of full payment,” and the above judgment became final and conclusive on February 22, 2000.

B. C, on April 9, 1998, completed the registration of ownership transfer based on the purchase and sale on March 1, 1998 (hereinafter “the instant sales contract”) by the Daegu District Court Decision 6980, which was the birth of the Defendant, for the real estate listed in the separate sheet (hereinafter “instant housing”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4 (including serial number) and the purport of whole pleadings

2. The Plaintiff’s assertion is that the instant sales contract was made with a purpose to avoid compulsory execution of the instant housing, and thus constitutes a false conspiracy and invalidation, thereby seeking cancellation of the registration of transfer of ownership in the name of the Defendant, in subrogation of C with insolvency status.

3. In principle, since the registration of ownership transfer in the judgment real estate register is presumed to be just and reasonable and the party asserting that the procedure and cause are unjust, the sales contract which served as the grounds for registration is invalid as the false declaration of agreement, the party asserting such registration shall also be liable to prove

(2) In light of the above legal principles, the Plaintiff’s loan of the said money was made in accord with payment for KRW 30,000,000 that was lent to C. In light of such legal principles, the Defendant’s loan of the said money is clearly stated in the following grounds: (a) the Plaintiff’s evidence submitted by the Plaintiff, and the Defendant’s penalty; and (b) C and the Defendant were in excess of the obligation at the time of the instant sales contract.