1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The defendant is the mother of C and D, and C's denial is E, and the plaintiff is E's words.

B. On May 28, 1996, the transfer registration for ownership was completed in the name of G, the name of the Plaintiff on December 28, 1998, the name of H on January 19, 199, and the provisional registration for the right to claim ownership transfer was completed on October 6, 199, and the provisional registration for the right to claim ownership transfer was cancelled on December 24, 1999, and the ownership transfer was completed in the name of the Defendant on the same date, and on December 5, 2013, the ownership transfer registration was completed in the name of D on December 5, 2013.

C. As to the instant land, the registration of creation of a mortgage, which is the maximum debt amount of 98,000,000 won on July 30, 2001, the debtor, the defendant, the mortgagee of the right to collateral security (hereinafter "Seoju Agricultural Cooperative"), was completed. D.

The Plaintiff filed a lawsuit against D claiming the implementation of the procedure for ownership transfer registration on the instant land due to the restoration of authentic names. On April 29, 2015, the judgment dismissing the Plaintiff’s claim was rendered and the judgment became final and conclusive around that time, and the summary of the judgment is as follows.

(Seoul District Court 2014Kadan21842). The Plaintiff’s assertion title trust the land of this case to the Defendant, and as if the Defendant had re-titled or sold the land to D, the registration of ownership transfer was completed in the name of D.

Judgment

There is insufficient evidence to acknowledge that the Defendant conspired with D as if the instant land was nominal or sold.

Thus, even if the plaintiff held the above land in title trust to the defendant, it cannot be asserted against D, a third party that the above land in title trust is null and void.

E. Based on the Plaintiff’s accusation, on January 28, 2016, the Defendant was sentenced to a judgment of the first instance court, which sentenced to six months of imprisonment and two years of suspended execution, on the ground that the Defendant, upon entering into a title trust agreement with the Plaintiff, disposed of and embezzled the instant land, which was kept in custody for the Plaintiff, to D at will.

Gwangju District Court.