1. The plaintiff's claim is dismissed.

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

1. The Plaintiff and the Defendant are the deceased C (hereinafter “the deceased”) and the network D’s children.

The Deceased died on June 27, 2008, and D on June 7, 2011, respectively. The Deceased’s heir is the Plaintiff, Defendant, E, and net F.

Attached Form

On January 20, 1976, the registration of ownership transfer was made in the name of the defendant on each of the real estate recorded (hereinafter "the real estate in this case").

On November 23, 1978, the Defendant sold the real estate in attached Form 1 to G, on November 23, 2015, the divided real estate in attached Form 2, 3, and 4, and 7 to HI, and on November 17, 2015, sold the remaining real estate to J, K, and L, and completed each registration of ownership transfer.

The Defendant received total amount of KRW 2,165,465,00 as the purchase price of the instant real estate, and paid KRW 461,320,310 as the transfer income tax.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including additional numbers), Eul evidence 6 to 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. The actual purchaser of the instant real estate alleged by the Plaintiff is the deceased, and the ownership transfer registration under the name of the Defendant on January 20, 1976 was made based on a three-party registered title trust agreement between the deceased and the seller, M and the Defendant.

In the so-called three-party registered title trust, where the title trustee arbitrarily disposes of the trusted real estate or the registration of transfer is completed in the name of a third-party acquisitor due to forced expropriation, consultation on public land acquisition, etc., barring any special circumstance, the third-party acquisitor acquires the ownership effectively (Article 4(3) of the Real Estate Real Name Act). Accordingly, the seller’s obligation to transfer ownership to the title truster is impossible to perform, and as a result, the title truster suffers loss of the right to transfer the ownership of the trusted real estate, while the title trustee disposes of the trusted real estate at will, barring any special circumstance, the trustee is the proceeds of disposal or compensation.