1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C purchased the instant real estate from D on November 19, 2012 in the amount of KRW 115 million, and completed the registration of ownership transfer under the Seoul Central District Court Decision 66048, Dec. 27, 2012.

(hereinafter referred to as the “instant sales contract”) B.

C on May 3, 2018, the instant real estate was donated to the Defendant, and the registration of transfer of ownership in the name of the Defendant was completed on May 4, 2018 by the receipt No. 18439 on May 4, 2018.

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

2. The assertion and judgment

A. Although the Plaintiff purchased the instant real estate from D, the Plaintiff’s summary of the assertion was made to C, only the purchaser was larger in order to continue to reside in the permanent rental housing.

However, C intended to transfer the title of the above real estate to the Plaintiff, and completed the registration of ownership transfer under the name of the Defendant by allowing C to donate the above real estate to the Defendant, who is a smaller child.

Thus, the plaintiff is holding title trust with the ownership of the real estate of this case, and the above title trust is terminated by the service of a duplicate of the complaint of this case, and the defendant seeks to implement the procedure for the registration of ownership transfer of the above real estate due to the restoration

B. As seen earlier, since the person who purchased the instant real estate from D is C, it constitutes a contractual title trust even if a title trust agreement exists between the Plaintiff and C as alleged by the Plaintiff on domestic affairs.

In addition, in the case of such contractual title trust, when a title trust agreement with a person who was unaware of the title trust agreement was concluded, and the registration of ownership transfer of the relevant real estate was completed in the name of the trustee pursuant to the said sales agreement, the title trustee shall obtain full ownership of the relevant real estate, notwithstanding the invalidation of the title trust agreement between the title truster and the title trustee.