1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 18, 2007, the Plaintiff entered into a sales contract with D&D Co., Ltd. (hereinafter “A&D”), whereby the Plaintiff would sell the shares of KRW 292.47/813 (hereinafter “instant real estate”) out of the B B B B B B B, the Plaintiff owned at KRW 619,305,225 (hereinafter “instant real estate”). The Plaintiff agreed that the transfer income tax following the transfer of the instant real estate shall be borne by D&D, and around March 2010, KRW 15,233,623 of the transfer income tax was imposed on the Plaintiff.

B. On January 20, 2010, LAWD entered into a sale management trust contract (hereinafter “instant trust contract”), business agreement, and agency contract with the Defendant on the instant real estate, etc. on January 20, 2010, and on January 22, 2010, completed the registration of ownership transfer pursuant to the instant trust with respect to the instant real estate on the Defendant’s future. On April 27, 2016, the Defendant sold the instant real estate to the hograph on the said date.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers, hereinafter the same shall apply), Eul evidence 1 and 2

2. Summary of the plaintiff's assertion

A. While L&C bears an obligation to pay capital gains tax that may arise from the sale and purchase of the instant real estate against the Plaintiff, L&C omitted the status of insolvency by trusting the instant real estate to the Defendant.

B. The instant trust contract between L&AD and the Defendant is a fraudulent act. The Defendant, even though the instant trust contract was not terminated, in collusion with L&AD, knowing that L&D was liable to the Plaintiff for debts, disposing of the instant real estate, which is the only responsible property of L&AD, constitutes a tort under Article 750 of the Civil Act against the Plaintiff.

C. Therefore, the defendant completed the registration of ownership transfer pursuant to the trust agreement and the defendant's registration of ownership transfer pursuant to the amount of capital gains tax as compensation for damages to the plaintiff.