1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 11, 2017, the Seoul Central District Court rendered a judgment ordering the Plaintiff to pay delayed damages for KRW 684,041,095 and KRW 500 million among them (Seoul Central District Court Decision 2016Da53424 decided May 11, 201). C appealed appealed against the above judgment, but the said judgment became final and conclusive (hereinafter “the Plaintiff’s claim against C”). (b) The Defendant is a person in marital relations with C, and the Defendant purchased the instant real estate from D on October 7, 1996 and entered the ownership registration prior to January 24, 197 (hereinafter “instant ownership registration”).

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 3 and 4, the purport of the whole pleadings

2. The actual purchaser of the Plaintiff’s assertion of this case is C, and C registered that the Defendant purchased the instant real estate under the name of the Defendant, his wife, due to his business obligation, and registered that the instant real estate was purchased.

The Plaintiff is a creditor holding the instant claim against C, and C is in a state of insolvency other than the instant real estate, and C terminates the nominal trust agreement between C and the Defendant on the instant real estate in subrogation of C.

Therefore, as stated in the purport of the claim, the defendant has a duty to implement C with the registration procedure for the transfer of ownership of the real estate in this case.

3. The registration of real estate shall be presumed to have been completed by legitimate grounds for registration from the fact that it exists formally, and the registration was made in trust with another person;

A person who asserts shall be liable for proving the title trust fact (see Supreme Court Decision 2017Da215070, Jun. 19, 2017, etc.).