1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 31, 2014, the Plaintiff received a joint and several surety claim amounting to KRW 3.455 billion against B from the National Bank. On March 31, 2014, the Plaintiff filed an application with the Seoul Eastern District Court for a payment order (2014 tea 2757) seeking the payment of KRW 3.4555 billion and its delay damages. The payment order issued on April 24, 2014 became final and conclusive on May 23, 2014.

B. On November 19, 2014, the Defendant purchased from D his/her spouse and completed the registration of ownership transfer on February 13, 2015, the Yongsan-gu Seoul Metropolitan Government C Apartment and 809 Dong 605 (hereinafter “instant apartment”) for KRW 266 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 2 through 4, Gap evidence 7-4, Eul evidence 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The summary of the assertion B is that the Defendant entered into a contract title trust agreement with the Defendant for the purpose of evading the obligation, provided the purchase fund for the apartment, and purchased the apartment of this case in the name of the Defendant from the bona fide D, and since the title trust agreement between B and the Defendant is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name, the Defendant is obligated to return the unjust enrichment of KRW 266 million, which is equivalent to the purchase

Therefore, the defendant should pay the above KRW 266 million to the plaintiff who subrogated the insolvent B.

B. According to the evidence evidence Nos. 5, 6, 7, 10, and 11, B, while operating a stock company, closed it on or around March 20, 2012, and filed an application for immunity from bankruptcy and immunity with the Seoul Central District Court (2012Hadan9129, 2012, 9129) on or around September 6, 2012, but received a decision to discontinue bankruptcy and exemption from immunity on August 9, 2013; B, on May 16, 2011, recognized the fact that the Seoul Central District Court 201 Gohap506028 claim for indemnity, etc. was fraudulent act.

However, the above facts alone are the case for the purpose of evading debt.