The defendant shall receive on February 21, 2017 from the Busan District Court's Geumcheon-si Office with respect to the real estate stated in the attached list to the plaintiff.

1. Basic facts

A. The real estate listed in the separate sheet (hereinafter “the instant loan”) was owned by the Plaintiff who was the Plaintiff. The Defendant, the Plaintiff’s mother, was the Plaintiff’s mother, and the ownership transfer registration was made on January 20, 2017 under the receipt of No. 4714 on February 21, 2017 (hereinafter “instant transfer registration”).

B. The Plaintiff’s wife D (hereinafter “the deceased”) died on December 28, 2017, and the Defendant, on January 11, 2018, registered the establishment of the mortgage over the loan of this case to the E Union as the mortgagee, with the maximum debt amount of KRW 30 million.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff alleged in the parties that the loan of this case was donated from Ba or C, which is the former owner, but the plaintiff agreed to own another house at the time to title trust to the defendant due to problems such as tax, etc., and completed the registration of this case. Thus, both the title trust agreement and the registration of transfer of this case between the plaintiff and the defendant are null and void. The plaintiff asserts that as a donee, the plaintiff seeks the cancellation of the registration of transfer of this case

In this regard, the Defendant asserted to the effect that, while the Deceased’s care was conducted for 13 years, the deceased’s house work was processed, and that the deceased donated the instant loan as a response to that response.

B. Comprehensively taking account of the evidence mentioned above and the purport of Gap evidence Nos. 5, 7, and 9 (including paper numbers) and the whole arguments, the plaintiff currently holds the certificate of registration of the loan of this case; the plaintiff bears the acquisition tax and the certified judicial scrivener's remuneration at the time of the transfer registration of the loan of this case under the name of the defendant as to the loan of this case; the plaintiff paid the property tax and the management fee of the loan of this case until now after the transfer registration of this case; and the deceased's loan of this case.