1. The plaintiff's claim is dismissed.

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

1. Judgment on the ground of the Plaintiff’s claim

A. The employees D of C, who operated by the Plaintiff, transferred each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Plaintiff as a payment in lieu of damages for the use of the company’s funds. At the time, the Plaintiff entered into a title trust agreement with the Defendant on the instant real estate and agreed to have the real estate transferred in the name of the Defendant.

Accordingly, D completed the registration of transfer of ownership in the future of the defendant as the Busan District Court's Busan District Court No. 35479, Aug. 21, 2003.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 5, Gap evidence 6, the purport of the whole pleadings

B. According to the above findings of determination, since the title trust agreement between the Plaintiff and the Defendant and the registration of ownership transfer in the name of the actual right holder of real estate is null and void pursuant to the main text of Article 4(1) and (2) of the Act on the Registration of Real Estate under Actual Right holder’s Name, the Defendant, who seeks subrogation as a creditor of D

2. Judgment on the defendant's assertion

A. The defendant asserts that since the plaintiff transferred the registration certificate to the defendant on November 2009 and donated the real estate of this case, the plaintiff cannot seek cancellation of the ownership transfer registration to the defendant.

B. In full view of Gap evidence No. 7, Gap evidence 10 (the same as Gap evidence 16), Eul evidence No. 11, Eul evidence No. 11, Eul evidence No. 8, Eul evidence No. 13, and the whole purport of the pleadings, the defendant's custody of the certificate of registration concerning the real estate of this case, and the plaintiff maintained a de facto marital relationship with Eul. The defendant is maintaining a de facto marital relationship with the defendant. The defendant received a request from the plaintiff while investigating the company's business as of July 1, 2004, and made a title trust agreement with the plaintiff with respect to the real estate of this case.