1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff, the mother of the Defendant’s mother, and the Plaintiff, from around 1998, offered real estate listed in the attached Table owned by the Plaintiff (hereinafter “instant apartment”) as payment in kind in order to repay the debt owed to C during a large amount of loans for consumption from around 1998.

B. Accordingly, on July 11, 2008, the Plaintiff concluded a sales contract with the Defendant to sell the instant apartment at KRW 215,000,000,000, with the content that the Plaintiff would sell the instant apartment to the Defendant. Of the above sales price, KRW 100,000,000 shall be succeeded to the Defendant’s obligation to refund the deposit money for the instant apartment, and the remainder of KRW 115,00,000,000 shall be substituted for a claim equivalent to the same amount out of the remainder of the loan claims against the Plaintiff, and on the same day, prepared a receipt for the payment of the purchase price in full to the Defendant that was paid in full to the Defendant.

(hereinafter “instant sales contract”).

C. On August 5, 2008, the Defendant completed the registration of ownership transfer as stated in the purport of the instant contract (hereinafter “instant registration of ownership transfer”) on the grounds of the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The instant sales contract was concluded in order to accord and pay the Plaintiff’s loan to C in lieu of the Plaintiff’s debt. Since C constitutes a title trust under a contract that is the title truster or the Defendant, and the Plaintiff was aware of this, the instant transfer registration constitutes a seller’s bad faith in a title trust under a contract and thus becomes null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

Therefore, the Defendant is obligated to implement the procedure for registration cancellation of ownership transfer registration of this case to the Plaintiff.

B. Even if there is no contract title trust agreement between the interpreter C and the defendant, the plaintiff in this case.