1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 30, 1997, Sejong-do Co., Ltd. concluded a subcontract between the Defendant and C Co., Ltd., which was working as the representative director, for the electrical construction among the E-House Construction Works on the 13 parcel of land, in order to pay the construction cost of KRW 62,60,000 (excluding value-added tax) and the construction period from November 30, 1997 to July 30, 1998.

B. On December 6, 2003, Sejong Co., Ltd. filed a registration of preservation of ownership on the apartment Nos. 102, 605 (hereinafter “instant apartment”), and on December 10, 2003, on the ground of sale as of December 6, 2003, the Defendant filed a registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) with respect to the instant apartment.

C. On August 11, 2008, with respect to the apartment of this case, the compulsory auction procedure was initiated with respect to the claim for management expenses by the creditor E-House Council of Residents' Representatives as the claim for management expenses, and it was awarded to the third party on April 8, 2009.

In the above auction procedure, KRW 42,147,469,010, which is the actual amount to be distributed after deducting the interest of the sale price and the execution cost from the sale price of the apartment of this case, was distributed to the E-Housing Council of Residents, and KRW 36,761,459, respectively, to the defendant.

E. Meanwhile, on July 12, 2004, Sejong Co., Ltd. was declared bankrupt by this court, and the Plaintiff was appointed as the bankruptcy trustee on April 17, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. ASEAN Co., Ltd. completed the registration of ownership transfer with respect to the instant apartment in the name of the Defendant for the purpose of securing the obligation for the construction cost of the instant apartment to C.

B. Therefore, since the sales price of the apartment of this case received by the defendant belongs to the plaintiff's bankrupt foundation, the defendant shall return 36,761,459 won received as above to the plaintiff.