1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 29, 1987, the Plaintiff entered into a sales contract with Nonparty D with respect to 84,397 square meters (hereinafter “the instant real estate”) of Gowon-gun, Gowon-gun, Jeon Chang-gun, North Korea, and completed the registration of ownership transfer on July 11, 1987.

B. On August 27, 2004, with respect to the instant real estate, the registration of the establishment of a neighboring mortgage was completed with the Plaintiff, the mortgagee, the mortgagee, the maximum debt amount of KRW 30,000,000, and thereafter on December 7, 2004, the registration of the establishment of a right to collateral security was completed on December 9, 2004, and on December 16, 2004, the registration of the establishment of a right to collateral security was cancelled.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The Plaintiff’s assertion that the Plaintiff: (a) borrowed KRW 20,000,00 from the above E; (b) set up a collateral security on the instant real estate; (c) came to know through F, which is the seat of the Plaintiff’s father; and (d) concluded a title trust agreement with the Defendant, who is an agent of F, and completed the registration of ownership transfer in the name of the Defendant; and (c) claimed that the title trust agreement is null and void; and (d) sought cancellation of the above ownership transfer registration against the Defendant

As to this, the Defendant purchased the instant real estate in KRW 20,000,000, and the Plaintiff asserts that the said money was repaid with the collateral security debt and cancelled the registration.

3. In a case where the registration of ownership transfer is completed with respect to the judgment real estate, not only the third party, but also the former owner is presumed to have acquired ownership based on legitimate grounds for registration. Thus, the disputing party should assert and prove the grounds for invalidation.

(See Supreme Court Decisions 94Da10160 Decided September 13, 1994; 2005Da18542 Decided February 8, 2007, etc.). As to the instant case, the registration of ownership transfer for the instant real estate under the name of the Defendant is based on sale.