1. The part against the defendant B among the plaintiff's lawsuit of this case is dismissed.

2. The Plaintiff’s claim against Defendant C.

1. Facts of recognition;

A. On February 2, 2004, Defendant C completed the registration of ownership transfer on the land stated in the purport of the claim (hereinafter “instant land”) against Defendant B on the ground of sale and purchase on February 2, 2004.

(hereinafter “instant transfer registration”). B.

The plaintiff against E has a claim of KRW 572 million and damages for delay against the Seoul Central District Court Decision 2013Gahap2046, the Seoul Central District Court Decision 2013Gahap2046, and E is insolvent, and the defendant B is the child of the above E and is 11 years of age at the time of the above sale.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-2, Gap evidence 3, 4, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. (1) The Plaintiff’s assertion (1) is the purchase of the instant land by E. However, since the instant land was trusted in title to Defendant B, the ownership transfer registration of this case is null and void.

The Plaintiff, in subrogation of the insolvent E as the obligee, filed a claim against the Defendant C to implement the procedure for the registration of ownership transfer on February 2, 2004 with respect to the land of this case on behalf of the Plaintiff, and to implement the procedure for the registration of ownership transfer of this case on behalf of the Defendants E and C in subrogation of the Defendant C.

(2) The Defendants: (a) purchased the instant land in the amount of KRW 10 million by Defendant B, who is the father of Defendant B and E; (b) concluded a sales contract in the name of Defendant B, who is the grandchild, and paid the purchase amount; and (c) agreed to the Defendant B by bearing the purchase amount.

B. We examine whether the judgment E purchased the instant land and held the title trust thereof to Defendant B.

Since a person registered as an owner of a real estate is presumed to have acquired the ownership by due process and cause, the fact that the registration is based on the title trust has the burden of proof for the claimant.

(see, e.g., Supreme Court Decision 2007Da90883, Apr. 24, 2008). As to the instant case.