1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s claim against C (1) “D” was mutually owned by the Plaintiff, from May 2013 to August 2013, and at the Defendant’s request, from May 2013 to August 2013, the Plaintiff leased the temporary materials to the construction site, such as Kim Il-dong, Kim Dong-dong, retaining wall, etc., and C, on January 7, 2014, issued a promissory note with the Plaintiff as the payee and delivered it to the Plaintiff for the payment of the above temporary materials.

(2) In addition, the Plaintiff filed a lawsuit against C against this court as the court 2014Kadan60756, and on November 12, 2014, the conciliation was concluded, such as “C shall pay the Plaintiff KRW 12 million, which shall be paid in three installments, on the 15th day of each month from December 15, 2014 to February 15, 2015.”

B. On October 18, 2011, the Defendant’s real estate acquisition (1) as to the third-story No. 301 (hereinafter “instant real estate”) on the land, the wife population E, and the third-story No. 1 parcel (hereinafter “instant real estate”) was registered on September 17, 201 under the Defendant’s name.

(2) The defendant is C's child.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 7, 12, Eul evidence 3-6, the purport of the whole pleadings

2. The Plaintiff’s assertion C purchased the instant real estate at its own expense and held title trust in the form of contract title trust to the Defendant, who is a child. Even if the above title trust agreement is null and void, as long as the seller is bona fide, the registration of transfer of ownership in the name of the Defendant is valid. Accordingly, the Defendant is obliged to return the KRW 170 million, which is equivalent to the market price of

C Since it is insolvent, the Plaintiff seek the return of KRW 57 million equivalent to the amount of the Plaintiff’s claim out of the above unlawful gains by subrogation of C with the claim for the temporary re-use fee and the amount of the temporary re-loss loss against C as the preserved claim.

3. We examine the judgment. The instant case.