1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter referred to as the “real estate of this case”) was registered for transfer of ownership or preservation under the name of the Plaintiff, and the Plaintiff was the owner.

B. On July 31, 2003, the Plaintiff completed the registration of ownership transfer to the Defendant under Article 78331 of the Suwon District Court’s receipt on the ground of sale on July 29, 2003.

(hereinafter referred to as the "Registration of Relocation". [Evidence: Evidence No. 1-1, 2, and 3; All purport of oral argument]

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff registered the title trust of the instant real estate to the Defendant and registered the transfer as above.

The plaintiff (C) on July 8, 2003, immediately before the above transfer registration, rendered a decision to commence compulsory sale of each of the real estate in this case, and repaid the debt to the plaintiff and cancelled the decision to commence compulsory sale of the real estate in this case. The plaintiff held the title trust of the real estate in this case to the defendant as soon as other creditors who were not expected by the plaintiff are performing another compulsory execution.

The Plaintiff did not sell each of the instant real estate to the Defendant, but did not receive the purchase price.

B. The Defendant’s instant transfer registration is not based on title trust.

The Defendant purchased the instant real estate from the Plaintiff at the price of KRW 220 million, and paid all the purchase price, including the obligation to refund the lease deposit to the lessee of the instant real estate, and the obligation to repay the instant real estate as security, to which the Plaintiff succeeded to the obligation borrowed from the Plaintiff.

3. Determination on whether title trust is held

A. There is no direct disposition document to acknowledge whether the transfer registration of this case was based on the Plaintiff’s title trust, and there is insufficient evidence to acknowledge that the transfer registration of this case was based on the Plaintiff’s entire evidence collected, and there is no other evidence.

B. Examining indirect facts to presume whether a title trust is held, the following is the Plaintiff’s assertion on title trust.